[2025] NZEmpC 80 AJY v Chief Executive of the Department of Corrections [pdf, 162 KB]
...AJY could reasonably have been expected to have obtained it under the collective agreement. Therefore, I turn to consider whether any sum of retirement leave ought to be paid to AJY as a lost benefit. [7] Mr Hope submitted that AJY could have requested retirement leave or been medically retired. He said that the issue of whether or not they would have retired has been rendered irrelevant because of the dismissal and the Court’s findings about retirement leave. [8] However, M...