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3640 items matching your search terms

  2. [2015] NZEmpC 126 Nisha v LSG Sky Chefs New Zealand Ltd [PDF, 127 KB]

    [2015] NZEmpC 126 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment (No 15) of Chief Judge G L Colgan, 29 July 2015) APPLICATION TO STRIKE OUT DEFENCE – ALTERNATIVE APPLICATION TO APPOINT COMPUTER FORENSIC SPECIALIST - misconduct alleged through defendant's solicitor improperly discharging disclosure obligations – lack of evidence in support – alternative application previously addressed – case for revisiting not established – both applications dismissed.
  3. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [PDF, 333 KB]

    [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment (No 16) of Chief Judge G L Colgan, 29 July 2015) PRIVILEGE – litigation privilege defined and distinguished from lawyer-client privilege – litigation privilege expires at end of litigation unless other proceedings closely related – analysis of documents for which privilege claimed – documents must be sufficiently identified to enable informed objection.
  5. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [PDF, 110 KB]

    [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd (Judgment of Judge A D Ford, 28 July 2015) REMOVAL TO COURT FROM AUTHORITY ON QUESTION OF LAW – Whether or not the plaintiffs met the requirements of completing 12 months continuous employment to entitle them to annual leave under s 16(2) of the Holidays Act 2003 – whether school holidays were periods of “unpaid leave” – definition of “leave” and “unpaid leave” considered – Held, plaintiffs satisfied criteria of completing 12 months continuous employment and were entitled to annual leave – costs to lie where they fall
  9. [2015] NZEmpC 122 Campbell v The Commissioner of Salford School [PDF, 631 KB]

    [2015] NZEmpC 122 Campbell v The Commissioner of Salford School (Judgment of Judge Corkill, 27 July 2015)  DE NOVO CHALLENGE – UNJUSTIFIED SUSPENSION - UNJUSTIFIED DISMISSAL - whether suspension and dismissal were justified ––procedural and substantive flaws found - lack of specificity in claims against plaintiff- inadequate opportunity for plaintiff to be heard –– confidential information relied upon in investigation – terms of reference were too broad – no heed paid to earlier recommendations for urgent implementation of performance objectives – nonadherence to collective agreement in that distinction between performance and conduct issues not identified or considered – Held, disadvantage grievances established – compensation and costs awarded - reinstatement not reasonable or practical.
  10. [2015] NZEmpC 120 G L Freeman Holdings Ltd v Livingston [PDF, 113 KB]

    [2015] NZEmpC 120 G L Freeman Holdings Ltd v Livingston (Judgment of Judge A A Couch, 24 July 2015) DE NOVO CHALLENGE - Employee resigned without giving the full stipulated period of notice required under contract – employer withheld final pay as a result - whether provision of agreement relied upon by employer in order to withhold money from employee was enforceable in law – whether that provision should be seen as liquidated damages for breach of contract or as a penalty - whether employee should be penalised for neglecting to give required notice period – if so, what amount – Dunlop Pneumatic Tyre Company principles considered – regard given to intention of parties at time agreement was entered into – no monetary loss suffered as result of failure to give full notice period – forfeiture clause was to compel employee to give requisite notice by holding threat of loss of wages over employee and as such was held to be penalty provision which in good conscience and equity the Court ough…
  18. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [PDF, 202 KB]

    [2015] NZEmpC 112 Vince Roberts Electrical v Carroll (Judgment of Judge M E Perkins, 14 July 2015)  IDENTITY OF EMPLOYER – HOLIDAYS ACT – RAISING OF PERSONAL GRIEVANCE – whether liability was with company or individual – individual found to be liable on facts – when limitation should be applied to Holidays Act entitlements – time runs from end of employment – personal grievance – not raised sufficient for employer to address it – out of time.
  19. [2015] NZEmpC 109 Wellington City Transport Limited t/a Go Wellington v NZ Tramways and Public Passenger Transport Employees Union [PDF, 142 KB]

    [2015] NZEmpC 109 Wellington City Transport Limited t/a “Go Wellington” v NZ Tramways and Public Passenger Transport Employees Union - (Judgment of Judge Ford, 13 July 2015)  Issue of interpretation concerning calculation in relation to a retirement gratuity provision in collective employment agreement – Held, ordinary meaning adopted in relation to “week’s pay” – no need to incorporate additional words – challenge dismissed.
  21. [2015] NZEmpC 111 Sealord Group Ltd v Pickering [PDF, 65 KB]

    [2015] NZEmpC 111 Sealord Group Ltd v Pickering (Consent Judgment of Judge Ford, 13 July 2015) CONSENT APPLICATION – Parties jointly requested Court to make payment from monies held in Court – held, orders granted - money to be paid for lost remuneration – money to be paid for compensation for hurt and humiliation – money to be paid in PAYE taxation on lost remuneration – remainder of funds to be held in Court’s interest-bearing account until final determination of costs