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3390 items matching your search terms

  1. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [PDF, 280 KB]

    [2015] NZEmpC 7 Alatipi v Chief Executive of the Department of Corrections  (Judgment of Judge A D Ford, 5 February, 2015) UNJUSTIFIABLE DISMISSAL – REINSTATEMENT - claim against prison guard by prisoner – need for employer to have clear evidence – duty to act in good faith even where criminal investigation underway – could have waited til police investigation completed – evidence of pre-determination – remedies of reinstatement, remuneration & compensation ordered
  2. [2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College [PDF, 821 KB]

    [2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College (Judgment of Chief Judge G L Colgan, 3 February, 2015) UNJUSTIFIABLE DISMISSAL – REINSTATEMENT DENIED – REMUNERATION & COMPENSATION ORDERED - dismissal of principal – consideration of special factors in s103A assessment including implications for teaching professionals – employer’s resources considered – place of collective agreement – phenomenon of ‘mobbing’ discussed but not found – series of dysfunctional relationships - grounds for misconduct and serious misconduct not made out except in modest form – no grounds for loss of trust and confidence – support and guidance programme not followed through – compensation for non-pecuniary loss reduced for contribution
  16. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [PDF, 306 KB]

    [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong (Judgment of Judge B A Corkill dated 15 December 2014) CONFLICT OF LAWS – Plaintiffs are pilots employed by Auckland-based subsidiary of Hong Kong-based airline – Employment agreements specify that the agreements  are to be governed by law of Hong Kong – Hong Kong law provides no protections against age discrimination– Agreements specify age of retirement at 55 – Plaintiffs to turn 55 next year – Plaintiffs to be dismissed – Declarations sought that proposed actions are discriminatory under New Zealand law – Plaintiffs “based” in New Zealand and would therefore otherwise be subject to the provisions of the Employment Relations Act (ERA) – ERA an overriding statute by virtue of s 238 which prohibits contracting out – Express choice of Hong Kong law displaced – Express choice of Hong Kong law also contrary to New Zealand public policy which places an importance upon anti-discrimination values – Age discrimination …
  17. [2014] NZEmpC 227 O’Hagan v Waitomo Adventures Ltd [PDF, 129 KB]

    O’Hagan v Waitomo Adventures Ltd [2014] NZEmpC 227 (Judgment of Judge Christina Inglis, 12 December 2014) STRIKE-OUT – SECURITY FOR COSTS – Application by plaintiff for setting aside of judgment on grounds of fraud – Defendant applies to strike-out proceedings – Questionable as to whether implied power to set aside displaced by Court’s statutory power of rehearing – Plaintiff’s application discloses no reasonably arguable cause of action – Proceedings struck-out – Were proceedings not struck-out Court would have made order for security for costs.
  20. [2014] NZEmpC 226 Lund South Ltd v Low [PDF, 99 KB]

    Lund South Ltd v Low [2014] NZEmpC 226 [Costs Judgment of Judge B A Corkill, 11 December 2014] COSTS – Defendant claims costs incurred of $39,740  – Dispute as to reasonableness of costs incurred – Case should have been presented by only one counsel – Appropriate for defendant to have been represented by partner – Assessment of $21,351 reasonable costs by plaintiff too punitive – Reasonable costs $30,000 in the circumstances – Defendant awarded $20,000 on two-thirds basis