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180:, and in fact none of their witnesses they called were able to cite even one incident to support these claims. Accordingly, Willoughby was awarded damages of $ 100,000 for the loss of benefits he would have attained had he been employed the 3 years and 199 days until he turned 65. The judge also awarded $ 10,000 in damages under section 9 of the Contractual Remedies Act (1979).
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Robert Burch was a chartered accountant nearing the retirement age of 65. Unhappy at the prospect of facing his final years before retiring working for an accountancy firm, he accepted an offer of employment in 1982 by one of his clients, Willoughby
Consultants Ltd.
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purchased the company, and did not want to employ someone aged in their sixties. As a result, the following day of the sale, Willoughby
Consultants informed Burch that they were terminating his employment, with three months' notice.
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After working out his notice, he sued
Willoughby Consultants for the loss of benefits that he would have attained had his employment continued until he turned 65. He also sued for damages under the Contractual Remedies Act (1979).
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Robert
Thompson Burch v Willoughby Consultants Limited (First Defendant), Malcolm James Willoughby (Second Defendant)
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some of his fellow female employees, although
Willoughby Consultants only first mentioned these matters after the
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The judge did not find any evidence to support
Willoughby Consultants claim of
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Willoughby
Consultants defended matter by claiming they were entitled to
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alleging he was involved in a dishonest transaction at work and that he
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guaranteed Burch employment until his 65th birthday, plus 1,000
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Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006).
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An introduction to the Law of
Contract in New Zealand
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201:(4th ed.). Thomson Brookers. p. .
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226:(4th ed.). LexisNexis. p. 245.
101:(1990) 3 NZELC 97,582 is a cited case in
224:Butterworths Student Companion Contract
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144:However, just over two years later,
99:Burch v Willoughby Consultants Ltd
24:Burch v Willoughby Consultants Ltd
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254:High Court of New Zealand cases
115:Contractual Remedies Act (1979)
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259:New Zealand contract case law
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222:Walker, Campbell (2004).
42:High Court of New Zealand
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158:terminate his employment
105:regarding the remedy of
269:1989 in New Zealand law
16:New Zealand court case
69:(1990) 3 NZELC 97,582
135:employment contract
78:High Court Judgment
119:breach of contract
162:sexually harassed
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61:21 July 1989
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146:A C Nielson
103:New Zealand
248:Categories
184:References
178:misconduct
125:Background
113:under the
92:Jeffries J
74:Transcript
66:Citation
107:damages
58:Decided
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139:shares
38:Court
228:ISBN
203:ISBN
172:Held
133:The
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