[2007] NZEmpC AC 8B/07 Blaker v B & D Doors (NZ) Ltd [pdf, 142 KB]
...judgment. As was said by Judge Shaw in Hudson at para [120]: …the s 103A requirement for the Authority and the Court to stand back and determine the matter on an objective basis by evaluating the employer's actions does not give an unbridled licence to substitute their views for that of an employer. Their role is instead to ask if the action of the employer amounted to what a fair and reasonable employer would have done and evaluate the employer's actions by that obje...