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TUV v Chief of New Zealand Defence Force - [2019] 2 NZLR 446

$30.00

Court of Appeal Wellington
CA4/2019; [2020] NZCA 12
31 October 2019; 11 February 2020
French, Courtney and Goddard JJ
Employment law — Individual settlement agreement — Employment dispute between parties led to settlement agreement between them — Whether certified s 149 agreement could be set aside for an employee’s lack of capacity — Whether agreement valid — Whether test for mental capacity in O’Connor v Hart applied — Importance of whether employer knew or ought to have known of lack of capacity — Employment Relations Act 2000, ss 68 and 149.

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