Man O'War Farm Limited v David Pierre Bree

[2002] NZCA 206

IN THE COURT OF APPEAL OF NEW ZEALAND CA137/02

BETWEEN	MAN O’WAR FARM LIMITED
Appellant

AND	DAVID PIERRE BREE
Respondent

Coram:	Keith J Tipping J Glazebrook J
Judgment  (On the papers):	22 August 2002

JUDGMENT OF THE COURT DELIVERED BY TIPPING J

1. The Court has decided this application for leave to appeal on the papers as the parties have requested.  The Court considers that there is, at least arguably, a question of law involved which is one of general importance.  That question concerns the obligations of employers in circumstances such as the present, and whether the failure of the employer to take the steps in question was a failure which was in law capable of leading to the conclusion to which the Employment Court came. 

2. Leave to appeal is accordingly granted pursuant to s214 of the Employment Relations Act 2000.

Solicitors
Russell McVeagh, Auckland for Appellant
R Harrison, Auckland for Respondent