Appellate judgments 2018
Supreme Court
Court of Appeal
[2018] NZCA 632 Underhill v Coca-Cola Amatil (NZ) Limited [PDF, 177 KB] APPLICATION FOR LEAVE TO APPEAL – application was out of time but extension granted – whether reinstatement was not an appropriate remedy – whether contributory fault should have been considered – whether the Employment Court failed to address any outstanding arrears – application granted.
[2018] NZCA 575 Ports of Auckland Ltd v Maritime Union of NZ Inc [PDF, 346 KB] APPLICATION FOR LEAVE TO APPEAL – construction of collective agreement – insufficient regard to extrinsic materials was not shown and would not be a question of law – whether to adjourn a matter is at the Employment Court’s discretion and is not a question of law – application declined.
[2018] NZCA 564 Hines v Eastland Port Ltd [PDF, 371 KB] APPLICATION FOR LEAVE APPEAL – no important question of law – application declined.
[2018] NZCA 562 Affco NZ Ltd v NZ Meat Workers and Related Trades Union Inc & Ors [PDF, 401 KB] SEASONAL WORKERS – ENTITLEMENT TO WAGES – employment did not continue during off-season – regulations regarding lock out apply during off-season – whether Employment Court was correct that Wages Protection Act applies during off-season – seasonal workers belong to a special category – appropriate remedy for unlawful lockout is unpaid wages – appeal dismissed.
[2018] NZCA 533 Sawyer v Vice-Chancellor of Victoria University of Wellington [PDF, 352 KB] APPLICATIONS FOR LEAVE TO APPEAL – no important question of law raised – applications dismissed.
[2018] NZCA 304 Ramkissoon v Commissioner of Police [PDF, 257 KB] UNJUSTIFIABLE DISMISSAL – whether Employment Court failed to take into account relevant consideration – Employment Court considered case as presented and did not make an error – whether Employment Court applied correct statutory test – dismissal occurred after 1 April 2011 and therefore the correct test was applied – appeal dismissed.
[2018] NZCA 301 Aslam v Transportation Auckland Corporation Limited [PDF, 279 KB] APPLICATION FOR LEAVE TO APPEAL – whether process was fair by not showing employee video evidence prior to asking for comment is a question of law – question of law is not of general public importance – no other issue of law arises – application declined.
[2018] NZCA 268 Corrections Association of NZ Inc v CE of the Dept of Corrections [PDF, 233 KB] COLLECTIVE AGREEMENT – whether restructuring required agreed variation to collective agreement – Employment Court correctly applied collective agreement despite overlooking one clause – appeal dismissed.
[2018] NZCA 256 LSG Sky Chefs NZ Ltd v Prasad and Others [PDF, 275 KB] COLLECTIVE AGREEMENT – whether restructuring required agreed variation to collective agreement – Employment Court correctly applied collective agreement despite overlooking one clause – appeal dismissed.
[2018] NZCA 82 South Canterbury District Health Board v Sanderson & Ors [PDF, 154 KB] APPLICATION FOR LEAVE TO APPEAL – even if questions of law were arguable, they are not of general or public importance – other issues are not questions of law – application declined.
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