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  5. [2011] NZEmpC 160 Angus & McKean v Ports of Auckland Ltd [PDF, 154 KB]

    [Full Court, 2 December 2011] - Full Court judgment providing guidance on the interpretation and application of ss 103A and 125 of the Employment Relations Act 2000, as amended with effect from 1 April 2011. Change from "would" to "could" in s 103A held to be neither ineffectual nor insignificant. Court held that the legislation contemplates that there may be more than one fair and reasonable response that might justifiably be applied by a fair and reasonable employer in all the circumstances. Amended s 103A confirms the need for an objective approach and the requirement for procedural fairness, while expressing that minor error will not result in a dismissal being unjustified. Remedy of reinstatement under amended s 125 has no more or less prominence than the other statutory remedies for unjustified disadvantage or unjustified dismissal. In addition, the Court or Authority must be satisfied that reinstatement is both practicable in any particular case and that it is reasonable to make…