The Court of Appeal

Appeals from the Employment Court to the Court of Appeal are provided for under section 214 of the Employment Relations Act. This right to appeal is very limited: appeals can only be brought on questions of law, and parties cannot challenge the findings the Employment Court has made about the facts.

Appeals can only be brought with the permission of the Court of Appeal. The Court of Appeal must be satisfied that ‘the question of law involved in that appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision’.

The Court of Appeal’s role is to provide guidance on difficult matters of law. Factual matters are more appropriately dealt with by the specialist employment relations dispute resolution process.