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David Brown and Glen Sycamore v New Zealand Basing Limited - SC 145/2016

Media releases

Summary

Civil appeal – Employment Relations Act 2000 – Whether the Court of Appeal was correct to conclude that by selecting a different legal jurisdiction to govern their relationship, the parties could contract out of the right in the Employment Relations Act to be free from dismissal and discrimination based on age.[2016] NZCA 525   CA12/2015

Result

A Leave to appeal is granted (New Zealand Basing Ltd v Brown [2016] NZCA 525, [2017] 2 NZLR 93).
B The approved question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.
17 February 2017
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A The appeal is allowed and the judgment of the Employment Court is restored.
B The order for costs made in the Court of Appeal is set aside.
C The respondent is to pay the appellants costs in respect of the Court of Appeal hearing, to be fixed by that Court, and in respect of this appeal costs of $25,000 and reasonable disbursements.  We certify for two counsel.
13 September 2017

Hearing Transcripts

Related Documents

Employment Court decision — DAVID BROWN v NEW ZEALAND BASING LIMITED of Hong Kong (a wholly owned subsidiary of CATHAY PACIFIC AIRWAYS LIMITED of Hong Kong) NZEmpC AUCKLAND [2014] NZEmpC 229 [15 December 2014]

Court of Appeal decision — NEW ZEALAND BASING LIMITED V BROWN [2016] NZCA 525 [4 November 2016]

Leave judgment - leave granted — DAVID BROWN v NEW ZEALAND BASING LIMITED [2017] NZSC 12 [17 February 2017] (PDF 9 KB)

Substantive judgment — DAVID BROWN v NEW ZEALAND BASING LIMITED [2017] NZSC 139 [13 September 2 (PDF 332 KB)