Nathan v C3 Limited

[2014] NZCA 198

IN THE COURT OF APPEAL OF NEW ZEALAND

CA834/2013
[2014] NZCA 198

BETWEEN	ANDY NATHAN Applicant
AND	C3 LIMITED Respondent

Hearing:	12 May 2014
Court:	Ellen France, Randerson and French JJ
Counsel:	S R Mitchell for Applicant P M Muir for Respondent
Judgment:	23 May 2014 at 10 am

JUDGMENT OF THE COURT

ALeave to appeal is granted on the following question:

Did the Employment Court err in law in concluding that the reasons relied on by the employer for Mr Nathan’s dismissal do not amount to discrimination on the basis of his status as a union delegate and health and safety representative?

BThe respondent must pay the applicant costs for a standard application for leave on a band A basis and usual disbursements.

____________________________________________________________________

REASONS OF THE COURT

(Given by Ellen France J)

1. We have decided that leave should be granted on one question of law.  The question is a variation on the question identified by Mr Mitchell for the applicant.  Apart from recording that we consider costs should follow the event, we do not give reasons in accordance with r 27(2)(b) of the Court of Appeal (Civil) Rules 2005.

Solicitors:
Oakley Moran, Wellington for Applicant
Simpson Grierson, Auckland for Respondent