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Court of Appeal Wellington
13, 24 February 1997
Richardson P, Gault, Henry, Thomas and Blanchard JJ
13, 24 February 1997
Richardson P, Gault, Henry, Thomas and Blanchard JJ
Industrial law — Employment contract — Provision for payment of retirement leave or gratuity — Local Authorities reorganisation — Employee of regional council previously employed by territorial authority — Whether service with regional council "continuous service" within meaning of s 3(6) of Local Authorities (Employment Protection) Act 1963 — Whether council barred from paying gratuity or granting leave in terms of contract of employment — Finance Act (No 2) 1941, s 6.
Statutes — Interpretation — Meaning of expression "gratuity" — Finance Act (No 2) 1941, s 6.
Statutes — Interpretation — Implied repeal — Whether Local Authorities (Employment Protection) Act 1963 repealed Finance Act (No 2) 1941 — Meaning of "continuous service" in s 3(6) of Local Authorities (Employment Protection) Act 1963.