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3526 items matching your search terms

  5. [2023] NZEmpC 237 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [PDF, 377 KB]

    [2023] NZEmpC 237 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd (Judgment of Judge K G Smith, 22 December 2023) TRANSFER OF VULNERABLE EMPLOYEES – Authority breached natural justice in making adverse comments – listed party is correct employer – information that must be provided under pt 6A – only information relevant to the continuation of employment must be provided – minor breaches in information provided – no penalty is warranted.
  8. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [PDF, 307 KB]

    [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd (Judgment of Judge K G Smith, 20 December 2023) WAGES – wage increase was announced but not paid to union members – the wage increase was not precluded by the collective agreement – union members entitled to arrears – PROHIBITION ON PREFERENCE – insufficient evidence to show proper comparison – BREACH OF GOOD FAITH – employer’s conduct was misleading – declaration made.
  17. [2023] NZEmpC 225 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [PDF, 302 KB]

    [2023] NZEmpC 225 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment (No 2) of Judge J C Holden, 8 December 2023) REMEDIES FOR BREACH OF EMPLOYMENT STANDARDS – compensation awarded in mid-range band – PECUNIARY PENALTIES – shortfalls were modest in comparison to recent cases – 4-step process applied – penalties awarded – COSTS – GUIDELINE SCALE - hearing merited two counsel for the Labour Inspector – costs awarded.
  20. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [PDF, 1 MB]

    [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment (No 2) of Judge B A Corkill, 5 December 2023) ASSESSMENT OF LIABILITY AND QUANTUM – BREACH OF CONTRACT CLAIMS – express and implied contractual health and safety duties breached –  breaches caused the plaintiffs’ PTSD – contractual liability established – PERSONAL GRIEVANCE – unjustifiable disadvantage grievances established –  ACCIDENT COMPENSATION ACT 2001 STATUTORY BAR – affirmative defence raised by school – s 317 does not bar the claims because the criteria of s 21B are not made out – TIMEFRAME FOR AWARDS – loss assessed up until notional judgment date of 31 March 2019 – DAMAGES/REMEDIES – non-economic loss awarded – economic loss for lost remuneration, superannuation, capital gain and rental income, plus interest up until notional judgment date, and some medical expenses awarded – no award for interest as damages or dental expenses – no failure to mitigate losses – reasonable to rely upon pro…
  23. [2023] NZEmpC 217 MGK Homes Ltd v Yoon [PDF, 289 KB]

    [2023] NZEmpC 217 MGK Homes Ltd v Yoon (Judgment of Judge Kathryn Beck, 1 December 2023) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISMISSAL - grievance arose after notice period and thus was raised in time - employee was dismissed rather than resigned - dismissal was unjustifiable - employee took sufficient steps in mitigation - reimbursement of lost wages for full 18 weeks awarded - compensation award cannot exceed amount claimed by employee - $20,000 awarded for compensation - reimbursement of immigration lawyer cost awarded.