High Court Wellington
8, 9, 10, 11 May; 17 August 1995
McGechan J
8, 9, 10, 11 May; 17 August 1995
McGechan J
Industrial law — Employment contract — Implied term — Former employee claiming implied term that employment would continue to age 60 — Whether employment not terminable before employee aged 60.
Industrial law — Dismissal — Fair process — Implied term that employment terminable without notice for cause — Whether implied term fair process required where dismissal on notice.
Industrial law — Dismissal — Wrongful dismissal — Implied term that employer not to dismiss in manner causing distress and loss of reputation — Without warning employment terminated with four months' salary in lieu of notice — Whether breach of implied term.
Industrial law — Dismissal — Implied term that employment terminable on reasonable notice — Employment of middle manager terminated with four months' salary in lieu of notice — Whether reasonable notice of termination.
Industrial law — Redundancy — Employment of middle manager terminated for inadequate performance — Employment subsequently assumed as part of work of existing manager — Whether termination due to retrenchment within superannuation trust deed — Meaning of "retrenchment" and "redundancy".
Trusts and trustees — Duties of trustees — Natural justice — Trustee of employment superannuation trust not referring comments of employer about former employee's entitlement to employee for comment — Whether trustees required to observe rules of natural justice.
Damages — General damages — Industrial law — Employer breaching implied term requiring manner of dismissal not to cause distress or loss of reputation — Breach of implied term requiring reasonable notice of termination — Whether employee entitled to general damages. 13:
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