New Zealand Basing Limited v Brown

[2015] NZCA 168

IN THE COURT OF APPEAL OF NEW ZEALAND

CA12/2015
[2015] NZCA 168

BETWEEN	NEW ZEALAND BASING LIMITED Appellant
AND	DAVID BROWN First Respondent
AND	GLEN SYCAMORE Second Respondent

Hearing:	11 May 2015
Court:	Ellen France P, Harrison and Stevens JJ
Counsel:	H Waalkens QC and M Lawlor for Appellant G M Pollak for First Respondent
Judgment:	13 May 2015 at 10 am

JUDGMENT OF THE COURT

AThe application for leave to appeal against the judgment of the Employment Court in Brown & Sycamore v New Zealand Basing Ltd[1] is granted.

B        The questions of law for determination by this Court are:[2]

[1]Brown & Sycamore v New Zealand Basing Ltd [2014] NZEmpC 229.

[2]Employment Relations Act 2000, s 214.

[1]If the Employment Relations Act 2000 applies, does it override the parties agreement that the law of Hong Kong applies to their contract of employment?

[2]       If the Employment Relations Act does not apply, would the application of the law of Hong Kong to their contract of employment be contrary to public policy? 

CThere will be no order for costs on the application for leave given that the respondents’ opposition was reasonable.

Solicitors:
Duncan Cotterill, Auckland for Appellant