Appellate judgments 2019

Supreme Court

[2019] NZSC 130 Ioan v Scott Technology NZ Ltd [PDF, 170 KB] APPLICATION FOR LEAVE TO APPEAL – only issue of fact raised – no risk of miscarriage of justice – application dismissed.

Court of Appeal

[2019] NZCA 655 A Labour Inspector v Gill Pizza Ltd and Others [PDF, 118 KB] APPLICATION FOR LEAVE TO APPEAL – whether Labour Inspector must first seek a declaration of employment status from Employment Court if defendant asserts there is no employment relationship – application granted.

[2019] NZCA 569 A Labour Inspector v Tourism Holdings Ltd [PDF, 228 KB] APPLICATION FOR LEAVE TO APPEAL – meaning of “not a regular part of the employee’s pay” – calculation of productivity and incentive-based payments – application granted.

[2019] NZCA 566 Underhill v Coca-Cola Amatil (NZ) Ltd [PDF, 329 KB] APPLICATION FOR LEAVE TO EXTEND TIME TO FILE APPEAL – applicants are lay-people – delay has been lengthy and not explained – limited prejudice to respondent – application granted with conditions.

[2019] NZCA 386 Ioan v Scott Technology NZ Ltd [PDF, 362 KB] TRIAL PERIODS – notice does not take on a more restrictive meaning when a trial period is included – Employment Court was correct that “notice of the termination” includes where employee is not required to work out the notice but is paid in lieu – appeal dismissed.

[2019] NZCA 161 Infinity Automotive Ltd v Lorigan [PDF, 300 KB] APPLICATIONS FOR LEAVE TO APPEAL – no seriously arguable question of law – no public importance – applications dismissed.

[2019] NZCA 146 Ovation NZ Ltd v Te Kuiti Meat Processors Ltd & NZ Meat Workers & Related Trades Union Inc [PDF, 333 KB]APPLICATION FOR LEAVE TO APPEAL – application was out of time but extension granted – appeal only available when construing collective agreement when material error is made – no material error made by Employment Court – whether donning and doffing is work is a question of law but no error is apparent – application dismissed.