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3526 items matching your search terms

  1. [2023] NZEmpC 158 Turner v Te Whatu Ora [PDF, 293 KB]

    [2023] NZEmpC 158 Turner v Te Whatu Ora – Health New Zealand (Judgment of Judge J C Holden, 21 September 2023) UNJUSTIFIABLE DISADVANTAGE – UNJUSTIFIABLE DISMISSAL – suspension justifiable to conduct investigation – employer entitled to investigate concerns and consider private Facebook posts – no discrimination for religious or political beliefs – New Zealand Bill of Rights Act 1990 does not protect employee from disciplinary action – dismissal was justifiable.

  2. [2023] NZEmpC 157 Whakarongorau Aotearoa New Zealand Telehealth Services LP v Public Service Association, Te Pūkenga Here Tikanga Mahi [PDF, 201 KB]

    [2023] NZEmpC 157 Whakarongorau Aotearoa New Zealand Telehealth Services LP v Public Service Association, Te Pūkenga Here Tikanga Mahi (Reasons for Judgment of Judge Kathryn Beck, 19 September 2023) APPLICATION FOR INTERIM INJUNCTION AGAINST STRIKE – notice period in issue – strong arguable case employees are employed in an essential service – 14 days’ notice of strike action not provided under s 90(3)(a)(i) of the Employment Relations Act 2000 – public interest in maintaining essential health services – notice period is mandatory – scope of injunction is narrow – balance of convenience favours granting interim injunction – application granted.

  3. [2023] NZEmpC 153 Joyce v Ultimate Siteworks Ltd [PDF, 213 KB]

    [2023] NZEmpC 153 Joyce v Ultimate Siteworks Ltd (Interlocutory Judgment (No 2) of Judge J C Holden, 15 September 2023) APPLICATION FOR STAY – interests of justice favour granting stay – Authority’s costs determination stayed for 28 days – stay will continue on condition money is paid into Court – application granted – APPLICATION FOR PARTIAL STRIKE OUT – no need to strike out – application declined – CHALLENGE TO OBJECTION TO DISCLOSURE – parts of documents are to be disclosed to the extent they are relevant to the proceedings.

  4. [2023] NZEmpC 144 Cronin-Lampe v The Board of Trustees of Melville High School [PDF, 847 KB]

    [2023] NZEmpC 144 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment of Judge B A Corkill, 30 August 2023) APPLICATION FOR LEAVE TO RAISE PERSONAL GRIEVANCES OUT OF TIME – exceptional circumstances – so affected or traumatised – exposed to multiple traumatic events, significant workload and workplace stress – plaintiffs’ accounts to medical practitioners credible – PTSD was correct diagnosis – no identifiable event causing PTSD  – traumatic conditions precluded raising earlier and were causative of delay – just to grant leave – application granted – parties to use mediation to seek to mutually resolve the grievances – NON-PUBLICATION – granted.