Balancing contractual intention and legislative rights: The case of the peripatetic pilotsAuthor : Rebecca Scott (Partner), Ines Shennan (Solicitor)

Employment Practices Liability

As published in the November 2017 issue of Law Talk, the official magazine of the New Zealand Law Society.

Wotton + Kearney’s Auckland Partner Rebecca Scott and Solicitor Ines Shennan review the Supreme Court of New Zealand’s decision involving the termination of employment of two pilots on the grounds of retirement age in Brown & Anor v New Zealand Basing Ltd [2017] NZSC 139.

The Supreme Court found that the rights of the New Zealand based pilots not to be discriminated against is not contractual, and independent of the employment agreements and Hong Kong law.