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3609 items matching your search terms

  1. [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.
  5. [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…
  7. [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…
  10. 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.
  22. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [PDF, 343 KB]

    [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne (Judgment of Judge Beck, 27 September 2024) CHALLENGE – WAGE-ARREARS – AGREEMENT – ESTOPPEL – SILENCE – WAIVER – wage arrears claim – whether parties agreed to vary remuneration – employee told employer’s position but no agreement – whether employee estopped from enforcing contract – employee had good faith duty to inform employer of position – employer did not reasonably rely on belief that employee would not enforce contract – employee suffered detriment – not unconscionable for employee to enforce contract – no waiver – employee did not intend for employer to act on its belief that contract would not be enforced
  25. [2024] NZEmpC 180 Danske Mobler v A Labour Inspector of the Ministry of Business Innovation and Employment [PDF, 229 KB]

    [2024] NZEmpC 180 Danske Mobler Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge J C Holden, 20 September 2024) OBJECTIION TO IMPROVEMENT NOTICE – correct calculation of holiday pay for overtime payments – overtime should be part of calculation for holiday pay – improvement notice should only apply to hourly wage employees – improvement notice should not extend past six years.