[2018] NZEmpC 147 Amcor Flexibles (New Zealand) Ltd v Gillan (Judgment of Judge K G Smith, 10 December 2018) UNJUSTIFIED DISMISSAL - MEDICAL INCAPACITY – seizures – return to work and management plan in place – numerous medical reports – company made strenuous efforts – actions of a fair and reasonable employer - challenge successful.
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3421 items matching your search terms
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[2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [PDF, 403 KB] -
[2018] NZEmpC 146 Lorigan v Infinity Automotive Ltd [PDF, 272 KB] [2018] NZEmpC 146 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment (No 6) of Judge B A Corkill, 6 December 2018) STAY OF PROCEEDINGS PENDING APPEAL – stay application granted pending appeal by defendant – fixture will not proceed.
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[2018] NZEmpC 145 FGH v RST [PDF, 252 KB] [2018] NZEmpC 145 FGH v RST (Judgment of Judge B A Corkill, 6 December 2018) PERMANENT NON-PUBLICATION ORDER – application granted – identifying details permanently suppressed.
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[2018] NZEmpC 144 FGH v RST [PDF, 227 KB] [2018] NZEmpC 144 FGH v RST (Consent Judgment of Judge B A Corkill, 6 December 2018) CONSENT – sum of $165,000– less applicable deductions to be paid to lawyers’ trust account.
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[2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd [PDF, 316 KB] [2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment (No 5) of Judge B A Corkill, 3 December 2018) ADMISSIBILITY OF EVIDENCE –OBJECTION TO EVIDENCE -STRIKE OUT - STAY OF COMPLIANCE ORDER – leave granted to hear applications - all applications dismissed.
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[2018] NZEmpC 142 Noble v Ballooning Canterbury.com Ltd [PDF, 220 KB] [2018] NZEmpC 142 Noble v Ballooning Canterbury.Com Ltd (Costs Judgment of Judge J C Holden, 3 December 2018) COSTS ON APPLICATION FOR SECURITY FOR COSTS – whether costs should be fixed at this stage or reserved – if fixed, the level of costs - costs fixed in favour of defendant - $6,398.
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[2018] NZEmpC 141 Solid Roofing Ltd v Newman [PDF, 206 KB] [2018] NZEmpC 141 Solid Roofing Ltd v Newman (Interlocutory Judgment of Judge M E Perkins, 29 November 2018) APPLICATIONS FOR CASE STATED TO COURT OF APPEAL AND STAY AND APPLICATION TO RECALL AND AMEND JUDGMENT – no basis to state case – no reason to recall judgment – applications dismissed.
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[2018] NZEmpC 140 ITE v ALA [PDF, 297 KB] [2018] NZEmpC 140 ITE v ALA (Interlocutory Judgment of Judge B A Corkill, 29 November 2018) APPLICATION FOR RESCISSION OR VARIATION OF ORDERS – reasons concern submissions on Protected Disclosures Act 2000 – orders have not been complied with and obligations remain– applicant does not come with clean hands – applications denied.
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[2018] NZEmpC 139 123 Casino Ltd t/a 123 Palm Bar & Restaurant & Function Centre v Zuo [PDF, 305 KB] [2018] NZEmpC 139 123 Casino Ltd t/a 123 Palm Bar & Restaurant & Function Centre v Zuo (Consent Interlocutory Judgment of Judge K G Smith, 21 November 2018) APPLICATION FOR STAY – LEAVE TO EXTEND TIME TO CHALLENGE – granted by consent, on condition monies ordered at Authority are paid into the Court
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[2018] NZEmpC 138 Samuels v Employment Relations Authority [PDF, 295 KB] [2018] NZEmpC 138 Samuels v Employment Relations Authority (Judgment of Chief Judge Christina Inglis, 21 November 2018) STANDING TO BRING JUDICIAL REVIEW – interpretation of s 184(1) and s 184(1A) – whether breach of natural justice grounds for judicial review – approach to ouster clauses considered – David and Parker considered – Parker distinguished – plaintiff has standing -challenge not possible – judicial review can be brought for alleged breach of natural justice where other avenues are closed.
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[2018] NZEmpC 137 Lyttelton Port Company Ltd v Pender [PDF, 189 KB] [2018] NZEmpC 137 Lyttelton Port Company Ltd v Pender (Consent interlocutory Judgment of Judge Christina Inglis, 16 November 2018) APPLICATION FOR STAY – by consent, stay granted on conditions monies paid into Court – plaintiff to file amended statement of claim.
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[2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [PDF, 174 KB] [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board (Interlocutory Judgment of Judge J C Holden, 16 November 2018) APPLICATION FOR AVL WITNESS APPEARANCE – ADMISSIBILITY OF EVIDENCE – AVL application granted – all challenged evidence allowed – Court will consider relevance.
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[2018] NZEmpC 135 Solid Roofing Ltd v Newman [PDF, 232 KB] [2018] NZEmpC 135 Solid Roofing Ltd v Newman (Interlocutory Judgment (No 2) of Judge M E Perkins, 13 November 2018) APPLICATION FOR STAY OF PROCEEDINGS – inadequate evidence on financial state of plaintiff – stay granted on condition that full amount of awards are paid into Court - $5000 costs award to be paid direct to the defendant - costs of stay application against the plaintiff.
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[2018] NZEmpC 134 Richora Group Ltd v Cheng [PDF, 185 KB] [2018] NZEmpC 134 Richora Group Ltd v Cheng (Costs Judgment of Chief Judge Christina Inglis, 13 November 2018) COSTS - $13,468 in favour of defendant.
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[2018] NZEmpC 133 Infinity Automotive Ltd v Lorigan [PDF, 267 KB] [2018] NZEmpC 133 Infinity Automotive Ltd v Lorigan (Judgment of Judge B A Corkill, 12 November 2018) COMPLIANCE ORDER- compliance sought on costs order – evidence of ongoing non-compliance – compliance order made – consequences of further non-compliance addressed – costs of application for compliance order of $500.
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[2018] NZEmpC 132 Nicholson v Ford [PDF, 308 KB] [2018] NZEmpC 132 Nicholson v Ford (Judgment of Chief Judge Christina Inglis, 12 November 2018 PENALTY – AIDING AND ABETTING – QUANTUM – principles in applying and setting penalty considered – whether single course of conduct or multiple breaches – survey of penalty amounts - $7,500 penalty – 75% to defendant, 25% to Crown.
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[2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd [PDF, 222 KB] [2018] NZEmpC 130 Kocaturk v Zara’s Turkish Ltd (Interlocutory Judgment of Judge J C Holden, 7 November 2018) SECURITY FOR COSTS – alleged residency outside New Zealand – alleged visa problems – alleged gambling problems – allegations are false – impecuniosity of employees caused by employer’s actions – employer has his own challenge - security for costs not ordered.
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[2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [PDF, 435 KB] [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS (Judgment of the Full Court, 7 November 2018) EXTENSION OF TIME – whether there is discretion to extend time for personal grievance after 3 years – analysis of ss 114(6), 219(1) and 221 – time limit in s 114(6) is mandatory – Parliamentary history considered – policies behind limitation periods in general considered – lack of discretion to extend the period is s 114(6) must be deliberate by Parliament – ss 219 and 221 are part of the Court’s special jurisdiction – cases discussed – ss 219 and 221 cannot be used to extend the time limit in s 114(6) – challenge allowed.
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[2018] NZEmpC 131 RPW v H [PDF, 244 KB] [2018] NZEmpC 131 RPW v H (Oral Judgment of Judge M E Perkins, 6 November 2018) BREACH OF COMPLIANCE ORDER – FINE - $2,000 fine and $3,500 costs awarded against defendant – take-down order not made in the absence of argument.
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[2018] NZEmpC 129 Secretary for Justice, MOJ v NZ PSA [PDF, 266 KB] [2018] NZEmpC 129 Secretary for Justice, for and on behalf of the Ministry of Justice v New Zealand Public Service Association (Oral Interlocutory Judgment of Judge M E Perkins, 5 November 2018) STRIKE – INTERIM INJUNCTION – legal principles applied – application dismissed.
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GSTech Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [PDF, 283 KB] [2018] NZEmpC 127 GSTech Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Costs Judgment of Judge Christina Inglis, 31 October 2018) COSTS – whether Labour Inspector action regarding minimum standards warrants special approach to costs – not appropriate in this instance – costs to follow the event – costs of $8,000 in Authority, $22,300 on the challenge - $1,000 costs on costs, plus disbursements.
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[2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd [PDF, 261 KB] [2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd (Interlocutory Judgment of Judge J C Holden, 26 October 2018) JURISDICTION – OBJECTION TO JURISDICTION - appropriate procedure for objection to jurisdiction – whether Authority has jurisdiction to order forensic examination of computers – whether Court has jurisdiction to challenge the Authority’s determination as to its jurisdiction to do that – whether s 179(5) prevents a challenge – Court may have jurisdiction – proceedings not dismissed – statement of defence to be filed.
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[2018] NZEmpC 125 Rightway Ltd v Burwell [PDF, 263 KB] [2018] NZEmpC 125 Rightway Ltd v Burwell (Judgment of Judge J C Holden, 26 October 2018) CHALLENGE TO AUTHORITY REMOVAL – whether Authority should have exercised discretion even when there was an important question of law – relative efficiencies of processes – related case already going through the Court – challenge dismissed.
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[2018] NZEmpC 124 Kiwi Ink Construction Ltd v Hughes [PDF, 255 KB] [2018] NZEmpC 124 Kiwi Ink Construction Ltd v Hughes (Judgment of Judge M E Perkins, 23 October 2018) APPLICATION FOR EXTENSION OF TIME TO CHALLENGE – delay of around five months – failure to participate at Authority – insufficient explanation for substantial delay – justice of the case – application declined.
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[2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [PDF, 567 KB] [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board (Judgment of Judge K G Smith, 19 October 2018) UNJUSTIFIED DISMISSAL – 90-DAY TRIAL – DEFINITION OF EMPLOYEE – whether second employment agreement contained invalid trial period as plaintiff had been previously employed in first agreement – purpose of trial period is to observe work – second trial period valid – dismissal without notice did not comply with s 67B(1) – unjustifiable dismissal found – remedies of 12 months’ salary, compensation of $25,000.