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231 items matching your search terms

  1. [2021] NZEmpC 106 Morgan v Tranzit Coachlines Wairarapa Ltd [PDF, 222 KB]

    [2021] NZEmpC 106 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 8 July 2021) APPLICATION FOR A COMPLIANCE ORDER AND PENALTIES – anniversary date for annual leave set by the Court – penalty for breach of a Court order cannot be awarded until there is a breach of a compliance order – compliance order is not necessary in the circumstances – penalty for breach of good faith not awarded because the breach was not sustained – declaration of breach of good faith made against the company for not being responsive and communicative – interest awarded on previous judgment awards.
  5. [2021] NZEmpC 102 Crossen v Yangs House Ltd [PDF, 283 KB]

    [2021] NZEmpC 102 Crossen v Yangs House Ltd (Judgment of Judge K G Smith, 7 July 2021) SETTLEMENT AGREEMENT – FINALITY – whether settlement agreement covered minimum employment standards – settlement agreement wording was clearly to cover all issues between parties – s 149 settlement agreements can cover minimum standards if they are disputed - breaches of minimum standards were disputed in this case – settlement agreement resolved all issues between parties – IDENTITY OF EMPLOYER – no evidence that employee was employed by company owner in a personal capacity – PENALTY FOR FAILURE TO PROVIDE WAGE AND TIME RECORDS – Authority had discretion not to award a penalty – discretion was exercised appropriately – CHALLENGE TO AUTHORITY COSTS AWARD – evidence not provided – all challenges dismissed.
  12. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [PDF, 365 KB]

    [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier (Judgment of Judge B A Corkill, 30 June 2021) PERSONAL GRIEVANCE – DRUG TESTING – employee was asked and refused to undergo drug testing – health and safety does not overrule obligation to act fairly as employer – request to undergo drug testing did not comply with the company’s drug policy – unjustifiable disadvantage established – UNJUSTIFIABLE DISMISSAL – employee believed he had been dismissed – company failed to clarify employee was not dismissed – employee did not abandon employment – employer’s actions amounted to unjustifiable dismissal – compensation and lost wages awarded – modest reductions made for contribution.
  16. [2021] NZEmpC 91 A1 Communication Ltd v A Labour Inspector of Ministry of Business, Innovation and Employment [PDF, 265 KB]

    [2021] NZEmpC 91 A1 Communication Ltd v A Labour Inspector of Ministry of Business, Innovation and Employment (Judgment of Judge J C Holden, 23 June 2021) PENALTY - WAGE AND TIME RECORDS – company failed to provide wage and time records “forthwith” – records had missing information – company director did not intentionally contribute to the breach – director was not a person involved in the breach – penalty awarded against company.
  18. [2021] NZEmpC 87 New Zealand Post Primary Teachers’ Assoc Inc v Secretary for Education [PDF, 497 KB]

    [2021] NZEmpC 87 New Zealand Post Primary Teachers’ Assoc Inc v Secretary for Education (Judgment of the Full Court, 22 June 2021) PAY EQUITY – provision of non-contact time differs between part-time teachers and full-time teachers – whether this amounts to sex discrimination – no clear connection established between non-contact time and remuneration – both full-time teachers and part-time teachers are mostly female – full-time teachers were formerly mostly male but no clear evidence that historic trappings of male domination have been retained – indirect discrimination claims are available under the Equal Pay Act – indirect discrimination not established – claims dismissed.
  20. [2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd [PDF, 222 KB]

    [2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd (Judgment of Judge J C Holden, 21 June 2021) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – whether bullying claim was raised within time – grievance was ongoing – statement of problem was filed within time to raise grievance – enough steps were taken prior to filing statement of problem to amount to raising the grievance when viewed in combination – unjustifiable disadvantage claim may proceed.
  23. [2021] NZEmpC 84 A Labour Inspector of the Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [PDF, 555 KB]

    [2021] NZEmpC 84 A Labour Inspector of the Ministry of Business, Innovation and Employment v Jeet Holdings Ltd (Judgment of Judge K G Smith, 9 June 2021) BREACH OF MINIMUM STANDARDS – EMPLOYMENT PREMIUM - multiple companies in breach – one company in breach has ceased to exist – action cannot be continued against non-existent company – companies’ director was personally involved in breach – breaches were serious – declarations of breach made against companies that had employees – pecuniary penalties awarded – compensation orders made to recover loss of employees – banning order made against director.
  25. [2021] NZEmpC 82 Barry v C I Builders Ltd [PDF, 279 KB]

    [2021] NZEmpC 82 Barry v C I Builders Ltd (Judgment of Chief Judge Christina Inglis, 2 June 2021) APPLICATION FOR DECLARATION OF EMPLOYMENT STATUS – agreement described applicant as independent contractor – intention is only one factor in determining nature of relationship – company had the right to exercise detailed control over applicant – applicant was integrated into company – applicant did not work for anyone else during course of relationship – applicant was unable to delegate work to others – applicant had no opportunity to make a profit or bear a loss – no ability to sell a business – applicant was an employee – declaration granted.