FMV v TZB

NOTE: ORDER OF THE HIGH COURT PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES EXCEPT IN ACCORDANCE WITH THE INTITULING IN THIS JUDGMENT REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 72/2019
[2019] NZSC 108

BETWEEN	FMV Applicant
AND	TZB Respondent

Court:	Winkelmann CJ, Glazebrook and O’Regan JJ
Counsel:	R E Harrison QC for Applicant T L Clarke for Respondent
Judgment:	8 October 2019

JUDGMENT OF THE COURT

A The application for leave to appeal is granted (FMV v TZB [2019] NZCA 282).

B The approved question is whether the Court of Appeal was correct to dismiss the appeal.

____________________________________________________________________

The leave question is intended to cover all issues on which leave was sought.
It would be useful for the Court if the parties would, as background, set out briefly in their submissions what occurred in the Employment Authority and to provide copies of the relevant documents of the Authority.

Solicitors:
Davenports City Law, Auckland for Applicant
Bell Gully, Auckland for Respondent

CaseChat Overview and Summary

FMV sought leave to appeal against the Court of Appeal's decision in relation to a dispute arising out of an employment tribunal decision. The matter was heard by Winkelmann CJ, Glazebrook and O'Regan JJ of the Supreme Court of New Zealand. The primary issue for the court was to determine whether the Court of Appeal was correct in dismissing the appeal brought by FMV against a decision of the Employment Authority.

The legal issues before the court revolved around the interpretation and application of employment laws in relation to the facts of the case. Specifically, the court needed to examine whether the Court of Appeal properly applied the legal principles to the facts as found by the Employment Authority and if the Court of Appeal correctly exercised its discretion in dismissing the appeal.

In delivering the judgment, the Supreme Court held that the Court of Appeal had correctly dismissed the appeal. The court found that the Court of Appeal had properly interpreted the applicable employment laws and applied them to the facts of the case. The Supreme Court concluded that the Court of Appeal's decision was in accordance with the law and that there was no error warranting the grant of leave to appeal. Consequently, the application for leave to appeal was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established