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1. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [PDF, 411 KB]

   [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency (Judgment of Judge B A Corkill, 13 December 2019) BREACH OF NON-DISPARAGEMENT CLAUSE – interpretation of clause – remarks made to subsequent employer amounted to breach of settlement clause – declaration of breach and compliance order made – challenge succeeded.

2. [2019] NZEmpC 186 Shalini Ltd v A Labour Inspector [PDF, 114 KB]

   [2019] NZEmpC 186 Shalini Ltd v A Labour Inspector (Interlocutory Judgment (No 2) of Judge M E Perkins, 12 December 2019) APPLICATION FOR VARIATION OF ORDER -   application to make payments into Court by instalment – declined.

3. [2019] NZEmpC 185 Phoenix Publishing Ltd v Thompson [PDF, 296 KB]

   [2019] NZEmpC 185 Phoenix Publishing Ltd v Thompson (Judgment of Judge K G Smith, 12 December 2019) STRIKE OUT – proceedings struck out for want of prosecution.

4. [2019] NZEmpC 184 Allied Investments Ltd t/a Allied Security v Cradock [PDF, 156 KB]

   [2019] NZEmpC 184 Allied Investments Ltd t/a Allied Security v Cradock (Judgment of Judge B A Corkill, 12 December 2019) COSTS – costs order by consent.

5. [2019] NZEmpC 183 Duncan v Southern Milk Transport Ltd [PDF, 309 KB]

   [2019] NZEmpC 183 Duncan v Southern Milk Transport Ltd (Judgment of Judge K G Smith, 12 December 2019) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – delay not explained – application dismissed.

6. [2019] NZEmpC 182 Commissioner of Police v New Zealand Police Association Inc [PDF, 174 KB]

   [2019] NZEmpC 182 Commissioner of Police v New Zealand Police Association Inc (Judgment of Judge B A Corkill, 12 December 2019) APPLICATION FOR STAY OF PROCEEDINGS – Stay granted by consent

7. [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd [PDF, 299 KB]

   [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd (Judgment of Chief Judge Christina Inglis, 11 December 2019) MINIMUM ENTITLEMENTS – Guan - serious breaches – declaration of breach – pecuniary penalties – compensation order – banning orders – interest award – premium for employment – immigration.

8. [2019] NZEmpC 180 Allied Petroleum Ltd v First Union Inc [PDF, 85 KB]

   [2019] NZEmpC 180 Allied Petroleum Ltd v First Union Inc (Judgment of Chief Judge Christina Inglis, 10 December 2019) CONSENT – consent orders - applications withdrawn.

9. [2019] NZEmpC 179 Batchelor Construction Ltd v Alleyne [PDF, 293 KB]

   [2019] NZEmpC 179 Batchelor Construction Ltd t/a Handrail Solutions Ltd (Consent Judgment of Judge K G Smith, 5 December 2019) APPLICATION FOR STAY OF EXECUTION – stay by consent

10. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [PDF, 340 KB]

    [2019] NZEmpC 178 Johnston v The Fletcher Construction Company Ltd (Judgment of Judge K G Smith, 4 December 2019) UNJUSTIFIED DISMISSAL – redundancy – point of redundancy not reached – no unjustified disadvantage – no breach of good faith – contract affirmed – no constructive dismissal – Wages Protection Act 1983 – Holidays Act 2003 – holiday pay owed. 

11. [2019] NZEmpC 177 Burwell v Rightway Ltd [PDF, 84 KB]

    [2019] NZEmpC 177 Burwell v Rightway Ltd (Judgment of Judge J C Holden, 4 December 2019) CONSENT JUDGMENT

12. [2019] NZEmpC 176 Allied Petroleum Ltd v First Union Inc [PDF, 95 KB]

    [2019] NZEmpC 176 Allied Petroleum Ltd v First Union Inc (Interlocutory Judgment of Chief Judge Christina Inglis, 28 November 2019) APPLICATION FOR URGENCY – application for interim injunction to prevent strike action – urgency granted – change of venue granted.

13. [2019] NZEmpC 175 Zhang v Telco Asset Management Ltd [PDF, 184 KB]

    [2019] NZEmpC 175 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 28 November 2019) APPLICATION FOR RECALL – slip in judgment corrected – not satisfied grounds for recall made out – application dismissed.

14. [2019] NZEmpC 174 Clearkin v Geneva Healthcare Ltd [PDF, 194 KB]

    [2019] NZEmpC 174 Clearkin v Geneva Healthcare Ltd (Judgment of Judge B A Corkill, 26 November 2019) STRIKEOUT – settlement agreement – further claims raised – abuse of Court’s process – claims struck out.

15. [2019] NZEmpC 173 Allied Investments Ltd v Flowers [PDF, 387 KB]

    [2019] NZEmpC 173 Allied Investments Ltd v Flowers (Judgment of Judge K G Smith, 25 November 2019) HOLIDAYS ACT 2003 – transfer of part of public holiday – agreement did not satisfy requirements of s 44A Holidays Act 2003.

16. [2019] NZEmpC 172 Cowan v Idea Services Ltd [PDF, 356 KB]

    [2019] NZEmpC 172 Cowan v Idea Services Ltd (Judgment of Judge B A Corkill, 25 November 2019) CHALLENGE – unjustified dismissal – serious misconduct – decision could have been reached by a fair and reasonable employer in the circumstances – challenged dismissed.

17. [2019] NZEmpC 170 Shalini Ltd v A Labour Inspector [PDF, 137 KB]

    [2019] NZEmpC 170 Shalini Ltd v A Labour Inspector (Interlocutory Judgment of Judge M E Perkins, 22 November 2019) APPLICATION FOR STAY OF EXECUTION – penalty from Authority of $100,000 – question of inability to pay – important for company to keep trading – stay granted on condition of paying $30,000 into the Court.

18. [2019] NZEmpC 171 Thorne v Rolton [PDF, 352 KB]

    [2019] NZEmpC 171 Thorne v Rolton (Judgment of Judge K G Smith, 22 November 2019) CHALLENGE – unjustified dismissal – dismissed via text message – dismissal not in accordance with s103A – challenged dismissed.

19. [2019] NZEmpC 169 Rauland NZ Ltd v Delvo [PDF, 123 KB]

    [2019] NZEmpC 169 Rauland NZ Ltd v Delvo (Judgment of Judge M E Perkins, 21 November 2019) REMOVAL FROM AUTHORITY– application for search order completed – Court role ended - substantive matter not filed at Authority until after application for search order – removal on mistaken grounds - referred back to Authority.

20. [2019] NZEmpC 168 Zhang v Telco Asset Management Ltd [PDF, 164 KB]

    [2019] NZEmpC 168 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 20 November 2019) RE-ISSUE – slip rule – inadvertent error – reg 6 Employment Court Regulations 2000 – r 11.10 High Court Rules 2016.

21. [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust [PDF, 424 KB]

    [2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust (Judgment of Judge K G Smith, 20 November 2019) CHALLENGE – unjustified constructive dismissal – breach of good faith – investigation into allegations not premature and no improper motive – no breach of good faith – entitled to take resignation at face value – challenged dismissed – NON-PUBLICATION ORDER – Non-publication of name of manager and identifying details.

22. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [PDF, 216 KB]

    [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker (Judgment of Judge M E Perkins, 18 November 2019) CHALLENGE – APPLICATION TO REOPEN AUTHORITY INVESTIGATION – APPLICATION FOR RECUSAL OF AUTHORITY MEMBER - Authority had dismissed the proceedings without investigation – complexity of evidentiary issues – disclosure – delay in the Authority – role and function of Authority – investigation reopened.

23. [2019] NZEmpC 165 New Zealand Compliance and Repairs Ltd v Mistry [PDF, 113 KB]

    [2019] NZEmpC 165 New Zealand Compliance and Repairs Ltd v Mistry (Judgment of Judge M E Perkins, 15 November 2019) COSTS – proceedings had been dismissed for want of prosecution – costs guideline scale applied.

24. [2019] NZEmpC 164 Packwood v ANZ Bank New Zealand Ltd [PDF, 202 KB]

    [2019] NZEmpC 164 Packwood v ANZ Bank New Zealand Ltd (Costs Judgment of Judge B A Corkill, 14 November 2019) COSTS –successful strikeout – ability to pay – financial circumstances relevant – guideline scale considered - costs awarded.

25. [2019] NZEmpC 163 May v Solidbuilt Construction 2017 Ltd [PDF, 103 KB]

    [2019] NZEmpC 163 May v Solidbuilt Construction 2017 Ltd (Consent Judgment of Judge M E Perkins, 13 November 2019) CONSENT.