Employment Law: COVID-19 cases (new Westlaw New Zealand)
The legislation involved is the Employment Relations Act 2000 (ERA), COVID-19 Public Health Response Act 2020 (CPHRA) and COVID-19 Public Health Response (Vaccinations) Order 2021 (Vaccinations Order).
Full details of which sections of commentary have been updated can be found in What’s New in Employment Law.
The cases are:
NZDSOS Inc v Minister for COVID-19 Response [2021] NZSC 163 (requirements for making COVID-19 orders — challenge to validity — requirement to be vaccinated — no exceptional circumstances warranting grant of leave to appeal)
considers: CPHRA, Vaccinations Order
GF v Minister of COVID-19 Response [2021] NZHC 2526 (challenge to validity of COVID-19 orders — judicial review — benefits outweighed any discrimination — Code of Health and Disability Services Consumers Rights — interim reinstatement)
considers: CPHRA, Vaccinations Order
Four Aviation Security Service Employees v Minister of COVID-19 Response [2021] NZHC 3012 (requirements for making COVID-19 orders — challenge to validity)
considers: CPHRA, Vaccinations Order
Four Midwives v Minister for COVID-19 Response [2021] NZHC 3064 (requirements for making COVID-19 orders — challenge to validity — requirement to be vaccinated was lawful and justified limit on right to refuse medical treatment)
considers: CPHRA, Vaccinations Order
Employees v Attorney-General [2021] NZEmpC 141 (challenge to validity of COVID-19 orders — purpose of orders — jurisdiction of Employment Court)
considers: CPHRA, Vaccinations Order
WXN v Auckland International Airport Ltd [2021] NZEmpC 205 (border worker chose not to be vaccinated due to medical condition — position terminated — whether dismissal process was inadequate — requirements for making COVID-19 orders — interim reinstatement)
considers: ERA, CPHRA and Vaccinations Order
VMR v Civil Aviation Authority [2021] NZERA 426 (purpose of COVID-19 orders — personal grievance claim — interim reinstatement)
considers: CPHRA, Vaccinations Order