Dr Alan Toy is a Senior Lecturer in the Department of Commercial Law at the University of Auckland Business School.
He has previously worked as a Senior Tutor in this department, and as a Lecturer in Business Law at the University of Otago School of Business. Alan has published academic articles in the disciplines of auditing and law.
Alan’s PhD was the first research to examine the theory and practice of privacy auditing through interviews with privacy auditors, analysis of privacy audit reports and legal analysis of information privacy laws and policy documents. Chapters of the PhD have been published in AUDITING: A Journal of Practice & Theory and the New Zealand Universities Law Review (NZULR).
Presentation at 2017 New and Emerging Scholars Symposium
The title of Alan’s presentation is:
“The Exclusive Power of the Employment Court to Construe Employment Agreements”
Employment issues in New Zealand fall under the specialist jurisdiction of the Employment Court and the Employment Relations Authority. Appeals are made to the Court of Appeal and the Supreme Court, which means that the general appellate courts are making the most authoritative statements of employment law. This situation seems incongruous when compared to s 214 of the Employment Relations Act 2000 which confers on the Employment Court exclusive power of construction of an employment agreement. Recent cases have given expansionary effect to the power of the general appellate courts to hear appeals regarding the construction of employment agreements. This presentation analyses policy reasons for expanding or constricting the scope of such appeals and contrasts the position in New Zealand with that in a number of other countries.
Alan’s research interests are mainly in Employment Law and Information Privacy. He teaches Employment Law and Company Law at the University of Auckland Business School.