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Dr Ugljesa Grusic’s article cited by The New Zealand Supreme Court

4 October 2017

Dr Ugljesa Grusic, Lecturer at UCL Faculty of Laws, has been cited by the New Zealand Supreme Court for his article ‘The Territorial Scope of Employment Legislation and Choice of Law’ (2012) 75 MLR 722.

The name of the case is David Brown v New Zealand Basing Limited [2017] NZSC 139, judgment of 13 September 2017. The NZ Supreme Court dealt with the question of whether the age discrimination provisions of the Employment Relations Act 2000 apply to airline pilots based in New Zealand but undertaking their work predominantly outside New Zealand.

In his article, Dr Grusic takes a critical look at Lawson v Serco, the leading House of Lords decision on the issue of territorial scope of the statutory rights conferred by employment legislation forming part of English law.

Dr Grusic argues that the traditional approach which regards the issue of territoriality as entirely disconnected from the choice-of-law process is no longer correct, if it ever was, because the ‘European’ choice-of-law rules must have a greater importance for determining the territorial scope of employment legislation.