[2023] NZEmpC 160 A Labour Inspector of the Ministry of Business, Innovation, and Employment v Airways Corp of New Zealand Ltd (Consent Judgment of Judge B A Corkill, 25 September 2023) CONSENT – LIMITATION – judgment by consent – agreement that Court has no jurisdiction to consider claim given statutory limitation period.
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3526 items matching your search terms
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[2023] NZEmpC 160 A Labour Inspector of the Ministry of Business, Innovation, and Employment v Airways Corp of New Zealand Ltd [PDF, 113 KB] -
[2023] NZEmpC 159 Wiles v The Vice-Chancellor of the University of Auckland [PDF, 166 KB] [2023] NZEmpC 159 Wiles v The Vice-Chancellor of the University of Auckland (Interlocutory Judgement (No 4) of Judge J C Holden, 22 September 2023) COMPLIANCE – application for compliance in relation to discovery orders – substance of discovery orders complied with – application unsuccessful.
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[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.
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[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.
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[2023] NZEmpC 155 E Tū Inc v Singh [PDF, 173 KB] [2023] NZEmpC 155 E Tū Inc v Singh (Consent Judgment of Chief Judge Christina Inglis, 18 September 2023) APPLICATION FOR STAY– conditional on payment into Court and challenge is to be pursued diligently – granted by consent. Judgment reissued with new judgment number [2023] NZEmpC 172 and dated 4 October 2023.
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[2023] NZEmpC 156 Labour Inspector of MBIE v ZAQ Ltd [PDF, 165 KB] [2023] NZEmpC 156 Labour Inspector of MBIE v ZAQ Ltd (Judgment (No 2) of Judge J C Holden, 18 September 2023) APPLICATION FOR CONTINUATION OF FREEZING ORDERS – orders continue further two weeks – bank to provide account details – application granted.
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[2023] NZEmpC 154 Chain & Rigging Supplies Ltd v Nikorima [PDF, 159 KB] [2023] NZEmpC 154 Chain & Rigging Supplies Ltd v Nikorima (Judgment (No 4) of Judge B A Corkill, 15 September 2023) APPLICATION FOR NON-PUBLICATION ORDER – permanent non-publication granted for third party former employee – not necessary for non-publication order in regard to contents of earlier judgment – interim non-publication orders lifted – application partially granted.
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[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.
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[2023] NZEmpC 152 Halse v Hamilton City Council [PDF, 181 KB] [2023] NZEmpC 152 Halse v Hamilton City Council (Costs Judgment of Judge J C Holden, 12 September 2023) COSTS – scale costs awarded – uplift of approximately 50 per cent ordered as a result of clearly futile application.
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[2023] NZEmpC 151 Halse v Employment Relations Authority [PDF, 238 KB] [2023] NZEmpC 151 Halse v Employment Relations Authority (Judgment of Judge J C Holden, 11 September 2023) RECUSAL – no basis for recusal – no evidence of apparent bias – STAY – Employment Relations Authority not required to file statement of defence in judicial review – Court of Appeal proceedings have no application – COSTS – scale costs awarded with modest uplift.
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[2023] NZEmpC 150 KN v New Zealand Steel Ltd [PDF, 169 KB] [2023] NZEmpC 150 KN v New Zealand Steel Ltd (Interlocutory Judgment of Judge Kathryn Beck, 7 September 2023) APPLICATION FOR NON-PUBLICATION - interim non-publication extended for plaintiff until substantive hearing - permanent non-publication granted for third party former employee.
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[2023] NZEmpC 149 Nasar v Expert IT Group Ltd [PDF, 155 KB] [2023] NZEmpC 149 Nasar v Expert IT Group Ltd (Interlocutory Judgment of Judge J C Holden, 6 September 2023) SERVICE – substituted service is appropriate.
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[2023] NZEmpC 147 Reddy v Employment Relations Authority [PDF, 192 KB] [2023] NZEmpC 147 Reddy v Employment Relations Authority (Judgment of Judge J C Holden, 6 September 2023) APPLICATION FOR JUDICIAL REVIEW – judicial review not available under s 184 – application declined.
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[2023] NZEmpC 148 Chain & Rigging Supplies Ltd v Nikorima [PDF, 235 KB] [2023] NZEmpC 148 Chain & Rigging Supplies Ltd v Nikorima (Oral Judgment (No 3) of Judge B A Corkill, 4 September 2023) SEARCH ORDER – draft order amended and finalised.
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[2023] NZEmpC 146 A Labour Inspector v ZAQ Ltd [PDF, 199 KB] [2023] NZEmpC 146 A Labour Inspector v ZAQ Ltd (Judgment of Judge J C Holden, 1 September 2023) APPLICATION FOR FREEZING AND ANCILLARY ORDERS – good arguable case that assets are at risk of dissipation – Labour Inspector is not required to file undertaking as to damages - application granted.
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[2023] NZEmpC 145 Robertson v IDEA Services Ltd [PDF, 280 KB] [2023] NZEmpC 145 Robertson v IDEA Services Ltd (Judgment of Judge K G Smith, 1 September 2023) UNJUSTIFIABLE DISMISSAL - sufficiently reliable evidence of serious misconduct - dismissal was justifiable in the circumstances - challenge dismissed.
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[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.
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[2023] NZEmpC 143 Columba at Ascot (2009) Ltd v Freiden [PDF, 154 KB] [2023] NZEmpC 143 Columba at Ascot (2009) Ltd v Freiden (Judgment (No 4) of Judge Kathryn Beck, 29 August 2023) FREEZING AND ANCILLARY ORDERS – defendant has no assets to freeze - freezing and ancillary orders released – interim non-publication order lifted.
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[2023] NZEmpC 142 VXO v Te Whatu Ora [PDF, 148 KB] [2023] NZEmpC 142 VXO v Te Whatu Ora in respect of the former Northland District Health Board (Interlocutory Judgment of Judge J C Holden, 29 August 2023) APPLICATION FOR INTERIM NON-PUBLICATION ORDERS – granted by consent.
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[2023] NZEmpC 141 Caisteal An Ime Ltd v A Labour Inspector [PDF, 159 KB] [2023] NZEmpC 141 Caisteal An Ime Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Interlocutory Judgment (No 2) of Judge K G Smith, 28 August 2023) APPLICATION FOR STAY – application granted.
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[2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [PDF, 261 KB] [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc (Judgment of Judge B A Corkill, 28 August 2023) PERSONAL GRIEVANCE - RAISING THE GRIEVANCE - NON-DE NOVO CHALLENGE - Authority wrongly considered only unjustifiable dismissal claim and ignored unjustified disadvantage claim - unjustified disadvantage was raised in time - matter is now before the Court.
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[2023] NZEmpC 139 Mende Biotech Ltd v Mende [PDF, 148 KB] [2023] NZEmpC 139 Mende Biotech Ltd v Mende (Interlocutory Judgment (No 2) of Judge K G Smith, 28 August 2023) APPLICATION FOR STAY – application granted.
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[2023] NZEmpC 138 A Labour Inspector v Star Moving Ltd [PDF, 138 KB] [2023] NZEmpC 138 A Labour Inspector v Star Moving Ltd (Costs Judgment of Judge K G Smith, 25 August 2023) COSTS – costs awarded.
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[2023] NZEmpC 137 Bowen v Bank of New Zealand [PDF, 142 KB] [2023] NZEmpC 137 Bowen v Bank of New Zealand (Interlocutory Judgment of Judge J C Holden, 24 August 2023) APPLICATION FOR VARIATIONS TO NON-PUBLICATION ORDERS – application not opposed – application granted.
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[2023] NZEmpC 134 Chain & Rigging Supplies Ltd v Nikorima [PDF, 145 KB] [2023] NZEmpC 134 Chain & Rigging Supplies Ltd v Nikorima (Judgment (No 2) of Judge B A Corkill, 23 August 2023) SEARCH ORDER – draft order amended.