[2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]
...NZLR 580; (1990) 3 NZELC 97,486; [1989] 3 NZILR 276 at 278 [14] Section 103A also requires the Court to have regard to all the circumstances at the time. Among these are the employer’s contractual obligations to the employee and the resources available to the employer. In this case, Toll is a major transport company with an HR department, contracted health professionals, and policies to deal with the management of its employees’ health issues and disciplinary processes...