From 3 June 2025 the Employment Court will start publishing its judgments from 24 hours after the delivery date, or the next business day, unless otherwise directed by a judge. Decisions of public interest may be published earlier, as directed by a judge.

You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.

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3749 items matching your search terms

  3. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [PDF, 234 KB]

    [2016] NZEmpC 161 New Zealand Airline Pilots’ Assoc Inc v Air New Zealand Ltd (Judgment of Judge Christina Inglis, 1 December 2016) CONTRACT INTERPRETATION – ESTOPPEL - effect of “downtraining” and contractual obligations – analysis of circumstances and history of relevant contractual clauses – consideration of principles of contractual interpretation – pilots employed as “pilots simpliciter” rather to particular positions – airline aimed to avoid redundancy  - estoppel considered – tests not met – challenge dismissed.
  6. [2016] NZEmpC 159 Lumsden v Skycity Management Ltd [PDF, 101 KB]

    [2016] NZEmpC 159 Lumsden v Skycity Management Ltd (Interlocutory Judgment of Chief Judge G L Colgan, 28 November 2016) APPLICATION FOR COURT TO STATE CASE TO COURT OF APPEAL ON QUESTION OF LAW – s 211 - criterion is that matter is before the Court – not necessary to be completed – helpful to Court of Appeal if it has benefit of this Court’s views in forming its own – matter set for hearing in Employment Court – application declined.
  11. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [PDF, 272 KB]

    [2016] NZEmpC 153 Spotless Facility Services NZ Limited v Anne Mackay (Judgment of Judge B A Corkill, 21 November 2016) CONSTRUCTIVE DISMISSAL – principles considered – “final straw” cases considered  - sequence of events important – genuine but mistaken belief that employer’s response destructive of trust and confidence – no constructive dismissal –  submissions sought on the question of disadvantage grievance.
  13. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [PDF, 204 KB]

    [2016] NZEmpC 151 Darren Brett Carr, Labour Inspector v Vishaal Kumar Sharma (Sentencing Notes of Judge M E Perkins, 17 November 2016) OBSTRUCTING A LABOUR INSPECTOR – GUILTY PLEA – SENTENCING – s 235 charge - guilty plea entered  –criminal jurisdiction of Employment Court and Sentencing Act applies – principles of sentencing applied –factors to be considered in discharge without conviction – discharge without conviction - $500 towards costs ordered against defendant.
  20. [2016] NZEmpC 143 Borsboom (Labour Inspector) v Preet PVT Ltd [PDF, 667 KB]

    [2016] NZEmpC 143 Jeanie May Borsboom (Labour Inspector) v Preet PVT Limited and Another (Judgment of the Full Court, 4 November 2016) PENALTIES – BREACH OF MINIMUM CODE – breach of minimum entitlements – breach of statutory requirements – legislative history considered – objectives of penalties discussed – whether penalty principles for breach of statute or contract differ – whether financial circumstances of defendants are relevant – whether separate or global penalties for multiple breaches - multi-step approach to penalties applied – penalties of $40,000 and $60,000 imposed on first and second defendants.
  22. [2016] NZEmpC 142 Leota v The CE of the Ministry of Social Development [PDF, 279 KB]

    [2016] NZEmpC 142 Andrew Leota v Chief Executive of the Ministry of Social Development [Judgment of Judge M E Perkins, 3 November 2016) BREACH OF COLLECTIVE AGREEMENT – BREACH OF CONFIDENCE – withdrawal of paid sick leave – leave entitlement not open-ended – leave withdrawn in accordance with agreement – unauthorised detrimental use of information not found – no breach of confidence – costs reserved.