[2023] NZEmpC 203 IDEA Services Ltd v Wills (Consent Interlocutory Judgment of Judge Kathryn Beck, 20 November 2023) APPLICATION FOR STAY – granted by consent.
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3418 items matching your search terms
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[2023] NZEmpC 203 IDEA Services Ltd v Wills [PDF, 148 KB] -
[2023] NZEmpC 202 VMR v Aviation Security Service (AvSec) Division of Civil Aviation Authority [PDF, 145 KB] [2023] NZEmpC 202 VMR v Aviation Security Service (AvSec) Division of Civil Aviation Authority (Consent Judgment of Judge B A Corkill, 17 November 2023) CONSENT.
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[2023] NZEmpC 201 Reddy v Employment Relations Authority [PDF, 177 KB] [2023] NZEmpC 201 Reddy v Employment Relations Authority (Costs Judgment of Judge J C Holden, 17 November 2023) COSTS – GUIDELINE SCALE – reduction for financial position.
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[2023] NZEmpC 200 ACF v IEN [PDF, 158 KB] [2023] NZEmpC 200 ACF v IEN (Costs Judgment of Chief Judge Christina Inglis, 17 November 2023) COSTS ON DISCONTINUANCE - GUIDELINE SCALE - uplift appropriate because of plaintiff conduct.
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[2023] NZEmpC 199 Breen v Prime Resources Company Ltd [PDF, 209 KB] [2023] NZEmpC 199 Breen v Prime Resources Company Ltd (Judgment of Chief Judge Christina Inglis, 15 November 2023) UNJUSTIFIABLE DISADVANTAGE – late payment of wages – distinction between personal grievance and dispute – late payment were a result of genuine interpretation of employment agreement – matter was a dispute, not a personal grievance.
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[2023] NZEmpC 198 Carrington Resort Jade LP v Knight [PDF, 251 KB] [2023] NZEmpC 198 Carrington Resort Jade LP v Knight (Interlocutory Judgment (No 2) of Judge K G Smith, 14 November 2023) CHALLENGE TO OBJECTION TO DISCLOSURE – information sought is not relevant – challenge dismissed – information does not need to be disclosed.
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[2023] NZEmpC 197 The Chief of New Zealand Defence Force v New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Inc [PDF, 159 KB] [2023] NZEmpC 197 The Chief of New Zealand Defence Force v New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Inc (Consent Judgment of Judge J C Holden, 13 November 2023) APPLICATION FOR STAY OF PROCEEDINGS – granted by consent.
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[2023] NZEmpC 196 Keighran v Kensington Tavern Ltd [PDF, 176 KB] [2023] NZEmpC 196 Keighran v Kensington Tavern Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 9 November 2023) APPLICATION TO ADDUCE FURTHER EVIDENCE - inadequate explanation for evidence not being admitted during hearing - application declined.
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[2023] NZEmpC 195 PIC Insurance Brokers Ltd v Pepper [PDF, 293 KB] [2023] NZEmpC 195 PIC Insurance Brokers Ltd v Pepper (Judgment of Judge Kathryn Beck, 9 November 2023) APPLICATION FOR PRE-COMMENCEMENT DISCOVERY – applicant has a potential claim – documents are necessary to pursue claim – application granted.
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[2023] NZEmpC 194 Watkins v Highmark Homes Ltd [PDF, 199 KB] [2023] NZEmpC 194 Watkins v Highmark Homes Ltd (Judgment of Judge Kathryn Beck, 9 November 2023) APPPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – delay was short and occasioned by representative error – application granted.
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[2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd [PDF, 284 KB] [2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd (Judgment of Chief Judge Christina Inglis, 8 November 2023) INTERPRETATION OF COLLECTIVE AGREEMENT - LONG SERVICE LEAVE - employee joined collective agreement after 15th anniversary date - whether employee is entitled to long service leave - employee is entitled to long service leave after 15 years continual service, regardless of whether they were covered on anniversary date.
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[2023] NZEmpC 192 O’Neill v Port Otago Ltd [PDF, 157 KB] [2023] NZEmpC 192 O’Neill v Port Otago Ltd (Consent Judgment of Chief Judge Christina Inglis, 8 November 2023) CONSENT.
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[2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd [PDF, 311 KB] [2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd (Judgment of Judge J C Holden, 3 November 2023) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – investigation process was flawed – dismissal was unjustifiable – REMEDIES – employee contributed to dismissal by health and safety breach – remedies reduced by 20% for contribution reinstatement not practicable or reasonable – compensation and lost wages awarded with reduction.
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[2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [PDF, 285 KB] [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School (Interlocutory Judgment of Judge Kathryn Beck, 3 November 2023) APPLICATION FOR SECURITY FOR COSTS – reason to believe plaintiff would not be able to pay an award of costs – possibility that challenge would be prevented considered – modest security for costs ordered – APPLICATION FOR STAY OF AUTHORITY COSTS DETERMINATION – no basis for stay – application declined.
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[2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd [PDF, 245 KB] [2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd (Judgment of Judge J C Holden, 3 November 2023) PERSONAL GRIEVANCE – whether plaintiff was a “person intending to work” – offer of employment was conditional and condition was not satisfied – defendant never had intention to be legally bound – plaintiff was not a “person intending to work” – challenge dismissed.
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[2023] NZEmpC 187 ACF v IEN [PDF, 165 KB] [2023] NZEmpC 187 ACF v IEN (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 3 November 2023) APPLICATION FOR UNLESS ORDERS – application granted.
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[2023] NZEmpC 186 A Labour Inspector of the Ministry of Business, Innovation and Employment v ZAQ Ltd [PDF, 156 KB] [2023] NZEmpC 186 A Labour Inspector of the Ministry of Business, Innovation and Employment v ZAQ Ltd (Judgment (No 5) of Judge J C Holden, 31 October 2023) APPLICATION FOR EXTENSION OF FREEZING ORDERS – application granted.
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[2023] NZEmpC 185 Hilford v Whangarei Boys’ High School Board of Trustees [PDF, 155 KB] [2023] NZEmpC 185 Hilford v Whangarei Boys’ High School Board of Trustees (Consent Judgment of Judge B A Corkill, 30 October 2023) CONSENT.
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[2023] NZEmpC 183 Jindal v RKM Smith Enterprises Ltd [PDF, 184 KB] [2023] NZEmpC 183 Jindal v RKM Smith Enterprises Ltd (Judgment of Judge K G Smith, 30 October 2023) APPLICATION FOR PENALTIES FOR BREACH OF COMPLIANCE ORDER – compliance order was breached – breach was deliberate and wilful - $5,000 fine awarded.
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[2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd [PDF, 192 KB] [2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd (Judgment of Judge Kathryn Beck, 27 October 2023) APPLICATION TO FILE CHALLENGE OUT OF TIME - delay was modest in the circumstances - no prejudice to defendant for granting application - application granted.
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[2023] NZEmpC 182 Pact Group v Robinson [PDF, 165 KB] [2023] NZEmpC 182 Pact Group v Robinson (Costs Judgment of Chief Judge Christina Inglis, 27 October 2023) COSTS – GUIDELINE SCALE – costs awarded.
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[2023] NZEmpC 181 Henderson Travels Ltd v Kaur [PDF, 296 KB] [2023] NZEmpC 181 Henderson Travels Ltd v Kaur (Judgment of Judge K G Smith, 26 October 2023) UNJUSTIFIABLE DISMISSAL - employee covert recording admitted as evidence - restructuring was to pressure employee into paying cash to the employer - dismissal was unjustifiable - challenge dismissed - remedies increased.
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[2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [PDF, 350 KB] [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth (Judgment of Judge Kathryn Beck, 25 October 2023) UNJUSTIFIABLE DISMISSAL – REDUNDANCY – NON-DE NOVO CHALLENGE - Authority was correct in finding that redundancy process was unfair and decision was predetermined – flaws were not minor or inconsequential – dismissal was unjustifiable – redundancy compensation did not impact appropriate remedies - Authority did not make error in determination of remedies.
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[2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [PDF, 255 KB] [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd (Judgment of Chief Judge Christina Inglis, 25 October 2023) NON-DE NOVO CHALLENGE - REMEDIES - employee was unemployed for a significant period despite attempts at mitigation - 6 months' lost wages awarded - Authority's compensation award insufficiently explained - banding approach applied – - no reduction made for contribution – recommendation does not need to be made - PENALTY FOR BREACH OF GOOD FAITH – egregious bad faith is not required to award a penalty for breach of good faith – breach by the company was intended to undermine the employment relationship - $6,000 penalty awarded.
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[2023] NZEmpC 178 Downer New Zealand Ltd v King [PDF, 154 KB] [2023] NZEmpC 178 Downer New Zealand Ltd v King (Judgment (No 4) of Judge K G Smith, 17 October 2023) APPLICATION TO ADJOURN AND CONTINUE AND RENEW ORDERS – consent.