The Arguments for a Specialist Employment Court in New Zealand

Abstract

This paper is concerned with the issue of the structure of the employment institutions. The author argues that, if it is agreed that the present position is illogical and incoherent, the question is which way should New Zealand move? Should a more specialised and autonomous employment law system be created with its own appeals or should the Employment Court be abolished? In attempting to answer that question he explores the arguments for having specialist employment institutions. In doing so the paper anempts to show that the existence of a specialist Court is inconsistent with an employment regime based on free contracting.