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3521 items matching your search terms

  5. [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) [PDF, 336 KB]

    [2024] NZEmpC 213 Cronin-Lampe v Minister of Education Interlocutory (No 5) Interlocutory judgment of Judge Corkill, 6 November 2024) APPLICATION FOR STAY OF EXECUTION – partial stay sought –  financial circumstances unlikely to be as dire as asserted – the appeal of costs slightly increases the repayment risk but that is not determinative – the concurrent personal grievance remedies and costs considerations further mitigate any repayment risk – the Court’s restraint of its own orders should be the least necessary to preserve the position on appeal – unlikely the appeal will be rendered nugatory – novelty and public interest favour a stay – appeal is brought in good faith – likely to be significant detriment to the successful parties – strength of appeal is neutral – balance of convenience suggests risk of prejudice outweighs factors favouring a stay – application dismissed
  6. [2024] NZEmpC 212 Kavallaris v Inframax Construction Ltd [PDF, 295 KB]

    [2024] NZEmpC 212 Kavallaris v Inframax Construction Ltd (Judgment of Judge King, 6 November 2024) INTERIM REINSTATEMENT – UNJUSTIFIED DISMISSAL – PROTECTED DISCLOSURE – AGENCY – representative of employee emailed third party with information about personal grievance – employee dismissed for breaching confidentiality and bringing employer into disrepute – employee responsible for email sent by representative – serious question to be tried as to whether the email was a protected disclosure – whether third party was an appropriate authority – whether email was sent in good faith – serious question to be tried as to whether employer retaliated or had ulterior motive – serious question to be tried as to whether employer investigated sufficiently – employee’s case not strong even though serious question to be tried – not serious arguably that employee would be reinstated on a permanent basis – balance of convenience and overall justice favours employer
  13. [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd [PDF, 218 KB]

    [2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd (consent judgment of Judge Holden, 29 October 2024) CATCHWORDS COSTS – concerns were raised about the conduct of the advocate for the unsuccessful party – the advocate’s conduct sits outside the issue of costs – four interlocutory matters are costs neutral due to mixed success – Calderbank offers were unreasonably rejected – actual costs less than scale costs so actual costs awarded – CONDUCT OF REPRESENTATVIES –  there is no right of appearance for a representative – the Court may prevent a representative from continuing with a proceeding where the circumstances require.
  17. [2024] NZEmpC 200 Caleys Ltd v Deadman [PDF, 232 KB]

    [2024] NZEmpC 200 Caleys Ltd v Deadman (Judgment of Judge Beck, 18 October 2024) CHALLENGE – NOTICE PERIOD – FORFEITURE CLAUSE ENFORCEABILITY – PENALTY CLAUSE – DEDUCTIONS – employee resigned as a result of ill health – employee failed to give agreed one month’s notice – employment agreement contained forfeiture clause permitting employer to deduct one month’s wages – employer sought to recover one month’s wages, partially by deductions of final pay and partially by filing proceedings – whether forfeiture clause unenforceable as a penalty – a clause stipulating a consequence is unenforceable if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation – legitimate interests in performance can include broader commercial objectives secured by performance of contract – employer has legitimate interest in avoiding loss as a result of short notice – employer has legitimate interest in having a reasonable opportunity t…
  19. [2024] NZEmpC 198 Fredricsen and anor v Air New Zealand Ltd and Air New Zealand Ltd v Fredricsen and anor [PDF, 305 KB]

    [2024] NZEmpC 198 Fredricsen and anor v Air New Zealand Ltd and Air New Zealand Ltd v Fredricsen and anor (Judgment of Judge M S King, 10 October 2024) CHALLENGE – COVID-19 – VACCINATION – DISPARITY OF TREATMENT – GOOD FAITH – aircrew required to be vaccinated – employer facilitated some pilots travel to USA to receive alternative COVID-19 vaccination but refused request of other pilots for facilitation – employer must treat employees consistently where situations or terms of employment are alike – employer acted inconsistently creating disparity – valid explanation for disparity in cases where facilitated pilots had reasons to fly to the USA – no valid explanation for disparity where pilot was facilitated to travel to the USA as a device to receive alternative vaccination – disparity justified as employer not permitted to facilitate international travel of pilots for vaccination purposes under air border regulations – employer breached good faith in failing to fairly explain disparity…
  22. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [PDF, 297 KB]

    [2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd (Interlocutory judgment of Judge Corkill, 9 October 2024) APPLICATION FOR AN ORDER FOR THE AUTHORITY TO INVESTIGATE – SECTION 178 OF THE EMPLOYMENT RELATIONS ACT 2000 – Employment Relations Authority removed entire matter to the Court – contextual matters, suitability of Court procedure and costs concerns were appropriately considered – s 178(6) does not bar removal – possible procedural issue does not invalidate the removal – natural justice was observed  – removal order was made properly – application dismissed.