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  16. [2012] NZCA 285 CA247/2012 New Zealand Cards Ltd v Ramsay [PDF, 96 KB]

    JUDGMENT OF THE COURT, 28 June 2012. Extension of time granted to seek leave to appeal from an EC decision finding NZCL liable to R for $12,880 for unjustifiable dismissal.Question of law on whether the facts found by the Employment Court judgment amount to a constructive dismissal on the basis of the duty of good faith, s 4(1A).Application for stay of execution of the judgment adjourned for further consideration on conditions.  
  23. [2012] NZCA 254 CA150/2012 White v Reserve Bank [PDF, 36 KB]

    Leave to appeal is granted, 15 June 2012. Did the Employment Court fail to apply orthodox interpretation principles by failing to take into account the words “unless otherwise agreed in writing” in the applicants’ employment contracts and by failing to consider what was implicit in those words against the background of past dealings and the obligations of good faith that arise in the context of an employment contract? If yes, was the respondent required periodically to review the percentage of the total remuneration package that was deemed to be superable salary and to adjust the percentage having regard to the material revealed by the review?