The Employment Relations Act and Its Effect on Contracts Governed by Foreign Law

Abstract

This article considers the New Zealand Court of Appeal’s judgment in New Zealand Basing Ltd v Brown, which held that the Employment Relations Act 2000 does not apply to a claim for unfair dismissal by New Zealand-based pilots against a foreign-based airline where the parties have selected a foreign law to govern their employment contract. The authors conclude that the Court of Appeal did not go far enough in exploring the role of the conflict of laws in protecting New Zealand’s employment policies.