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April 2016

Interesting or topical employment cases.

New Zealand Aluminium Smelters Ltd v Weller [2016] NZSC 44

Supreme court – Leave to appeal denied

The Supreme Court denied leave to appeal the Court of Appeal’s judgment that had dismissed an appeal on whether the Employment Court erred in its interpretation of section 7A of the Holidays Act 1981. The Supreme Court at [10] denied leave to appeal as the Employment Court’s judgment was largely based on interpretation of the relevant contract, rather than the section of the Act. Further, neither the relevant provision of the Act, nor the disputed contract are still in force.

 New Zealand Aluminium Smelters Ltd v Weller [2016] NZSC 44 (external link)


AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc [2016] NZCA 121

Court of Appeal – Leave to appeal granted

The Court of Appeal granted leave to appeal against the judgment of the Employment Court on the questions of whether the second respondents were employed on employment agreements of indefinite duration, whether s 82(1)(a)(iv) of the Employment Relations Act 2000 applied even if the second respondents were not employed by the appellant in the off-season, and whether the appellant’s new individual employment agreements failed to comply with s 61(2)(b) of the Employment Relations Act 2000. 

AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc [2016] NZCA 121 (external link)

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