[2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd (Judgment of Judge K G Smith, 10 February 2023) HOLIDAYS - INTERPRETATION OF COLLECTIVE AGREEMENT - parties had mechanism for determining annual holidays in collective agreement - s 19 of Holidays Act 2003 could not apply - employer could not require employees to take annual leave without agreement.
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3526 items matching your search terms
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[2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [PDF, 282 KB] -
[2023] NZEmpC 10 Pilgrim v The Attorney-General [PDF, 148 KB] [2023] NZEmpC 10 Pilgrim v The Attorney-General (Interlocutory Judgment (No 22) of Chief Judge Christina Inglis, 7 February 2023) APPLICATION TO VARY EXCLUSION ORDER – parties agree on variation – exclusion order varied.
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[2023] NZEmpC 9 Halse v Employment Relations Authority [PDF, 162 KB] [2023] NZEmpC 9 Halse v Employment Relations Authority (Interlocutory Judgment of Judge Kathryn Beck, 7 February 2023) APPLICATION FOR ADJOURNMENT AND EXTENSION OF TIME – no grounds for adjournment or extension of time – not in interests of justice to delay hearing further – application declined.
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[2023] NZEmpC 8 Halse v Employment Relations Authority [PDF, 139 KB] [2023] NZEmpC 8 Halse v Employment Relations Authority (Interlocutory Judgment of Judge Kathryn Beck, 7 February 2023) APPLICATION FOR ADJOURNMENT AND EXTENSION OF TIME – no grounds for adjournment or extension of time – not in interests of justice to delay hearing further – application declined.
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[2023] NZEmpC 7 Vivo Beauty Ltd v Hunt [PDF, 95 KB] [2023] NZEmpC 7 Vivo Beauty Ltd v Hunt (Consent Judgment of Judge J C Holden, 3 February 2023) CONSENT.
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[2023] NZEmpC 6 Pilgrim v Attorney-General [PDF, 168 KB] [2023] NZEmpC 6 Pilgrim v Attorney-General (Interlocutory Judgment (No 21) of Chief Judge Christina Inglis, 1 February 2023) APPLICATION FOR REMOTE ATTENDANCE AT HEARING BY MEDIA ORGANISATION – media are free to attend hearing but have difficulties travelling to Greymouth – hearing is of public interest and media coverage is in the interests of open justice – application granted.
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[2023] NZEmpC 5 A Labour Inspector v Nikhil Himalaya Point Chev Ltd T/A Merchants Liquor [PDF, 215 KB] [2023] NZEmpC 5 A Labour Inspector of the Ministry of Business, Innovation and Employment v Nikhil Himalaya Point Chev Ltd T/A Merchants Liquor (Consent Judgment of Judge Kathryn Beck, 27 January 2023) BREACH OF MINIMUM ENTITLEMENTS – CONSENT – declarations of breach made – compensation orders made – wage arrears ordered – banning order made.
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[2023] NZEmpC 4 Young v Port of Tauranga Ltd [PDF, 155 KB] [2023] NZEmpC 4 Young v Port of Tauranga Ltd (Costs Judgment of Judge J C Holden, 26 January 2023) COSTS- GUIDELINE SCALE – costs awarded.
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[2023] NZEmpC 3 Manuhiri Kaitiaki Charitable Trust v McClymont [PDF, 146 KB] [2023] NZEmpC 3 Manuhiri Kaitiaki Charitable Trust v McClymont (Interlocutory Judgment of Judge J C Holden, 26 January 2023) GOOD FAITH REPORT – behaviour by party in Authority was not deliberately obstructive or contemptuous – matter can proceed by way of de novo hearing – costs awarded.
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[2023] NZEmpC 2 The NZ Tertiary Education Union Te Hautu Kahurangi O Aotearoa Inc v Vice Chancellor of the Auckland University of Technology [PDF, 259 KB] [2023] NZEmpC 2 The New Zealand Tertiary Education Union Te Hautu Kahurangi O Aotearoa Inc v Vice Chancellor of the Auckland University of Technology (Judgment of Judge K G Smith, 19 January 2023) APPLICATION FOR ENFORCEMENT OF COMPLIANCE ORDER – compliance order was made in Authority to follow collective agreement during restructuring process – compliance order has been breached – employer fined $3,000.
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[2023] NZEmpC 1 Pilgrim v Attorney-General [PDF, 153 KB] [2023] NZEmpC 1 Pilgrim v Attorney-General ((Interlocutory Judgment (No 20) of Chief Judge Christina Inglis, 10 January 2023) COURT SITE VISIT – CHANGE OF COURT VENUE.
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[2022] NZEmpC 239 Butt v Attorney-General [PDF, 205 KB] [2022] NZEmpC 239 Butt v Attorney-General (Costs Judgment of Judge Kathryn Beck, 23 December 2022) COSTS – GUIDELINE SCALE – no circumstances to justify uplift – costs awarded.
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[2022] NZEmpC 235 THL (2005) and ors v NEN and MDL [PDF, 179 KB] [2022] NZEmpC 235 THL (2005) and ors v NEN and MDL (Judgment of Judge J C Holden, 19 December 2022) FREEZING ORDER – freezing order and ancillary orders granted – non-publication orders granted.
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[2022] NZEmpC 238 Annex Group Ltd v Alfiorovis [PDF, 145 KB] [2022] NZEmpC 238 Annex Group Ltd v Alfiorovas (Consent Judgment of Judge Kathryn Beck, 19 December 2022) CONSENT.
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[2022] NZEmpC 237 De Sousa v Dehlsen [PDF, 112 KB] [2022] NZEmpC 237 De Sousa v Dehlsen (Consent Judgment of Judge Kathryn Beck, 19 December 2022) CONSENT.
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[2022] NZEmpC 236 TPT Forests Ltd v Penfold [PDF, 182 KB] [2022] NZEmpC 236 TPT Forests Ltd v Penfold (Interlocutory Judgment of Judge J C Holden, 19 November 2022) CHALLENGE TO OBJECTION TO DISCLOSURE - parties reached agreement on majority of documents - public interest privilege and common interest privilege are inapplicable - "without prejudice" communications should not be disclosed - other documents to be disclosed.
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[2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [PDF, 280 KB] [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children (Judgment of Judge K G Smith, 16 December 2022) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISMISSAL - employer did not sufficiently establish finding of serious misconduct - summary dismissal was unjustifiable - reinstatement practicable and reasonable - reinstatement ordered - lost wages and compensation awarded.
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[2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [PDF, 685 KB] [2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre (Judgment of Judge Kathryn Beck, 15 December 2022) PENALTIES – QUANTUM OF PENALTIES – numerous breaches by multiple companies against multiple employees – total of $1.5m awarded in penalties – banning orders made.
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[2022] NZEmpC 232 Kang v Saena Company Ltd [PDF, 249 KB] [2022] NZEmpC 232 Kang v Saena Company Ltd (Costs Judgment of Judge B A Corkill, 14 December 2022) COSTS - legal aid - uplift for Calderbank offer - adjusted for partial success - costs awarded.
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[2022] NZEmpC 231 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [PDF, 189 KB] [2022] NZEmpC 231 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand (Interlocutory Judgment of Judge B A Corkill, 13 December 2022) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – application not opposed – applicant is justly entitled to be heard – application granted.
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[2022] NZEmpC 230 Te Whatu Ora – Health New Zealand v CultureSafe New Zealand Ltd [PDF, 213 KB] [2022] NZEmpC 230 Te Whatu Ora – Health New Zealand v CultureSafe New Zealand Ltd (Interlocutory Judgment of Judge B A Corkill, 13 December 2022) APPLICATION FOR AUDIO RECORDINGS – not appropriate to provide audio – whether transcript should be provided – transcript already exists so no risk of wasting court resources – application granted.
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[2022] NZEmpC 229 AlKazaz v Deloitte (No. 3) Ltd [PDF, 195 KB] [2022] NZEmpC 229 AlKazaz v Deloitte (No. 3) Ltd (Costs Judgment of Judge Kathryn Beck, 9 December 2022) COSTS – GUIDELINE SCALE – no basis for reduction – small uplift granted because of pursuing issues that had been determined.
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[2022] NZEmpC 228 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employment [PDF, 160 KB] [2022] NZEmpC 228 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employment (Interlocutory Judgment (No 3) of Judge K G Smith, 9 December 2022) APPLICATION FOR STAY – application granted by consent.
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[2022] NZEmpC 227 Chen v WNY Group Ltd [PDF, 358 KB] [2022] NZEmpC 227 Chen v WNY Group Ltd (Judgment of Judge Kathryn Beck, 8 December 2022) NATURE OF EMPLOYMENT – whether plaintiff was an employee – plaintiff was not required to and did not undertake any work – payments made by defendant of unclear purpose – judgment to be referred to Department of Internal Affairs – plaintiff was not an employee.
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[2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [PDF, 228 KB] [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand (Judgment of Judge J C Holden, 7 December 2022) UNLAWFUL PREFERENCE – employer provided a preference to one union over the other by increasing penal rates on the basis of union membership – intention behind preference is not relevant for the purpose of s 9 – employer did not breach duty of good faith.