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3418 items matching your search terms

  5. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [PDF, 518 KB]

    [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton (Judgment of Judge K G Smith, 5 October 2021) BREACH OF CONTRACT – employees were in competition with employer – employees did not have permission from employer – being in competition was breach of employment agreement and duty of fidelity – damages awarded – PENALTIES – companies created by employees did not have requisite knowledge – company is already fully recompensed – no penalties against employees.
  6. [2021] NZEmpC 168 Juyi International Ltd v Pan [PDF, 283 KB]

    [2021] NZEmpC 168 Juyi International Ltd v Pan (Judgment of Judge B A Corkill, 5 October 2021) UNJUST ENRICHMENT – employee had an agreement with employer to renovate kitchen in exchange for future holiday pay – wages must be paid in cash – deductions from wages can only be made with written consent – no written consent was given - UNPAID WAGES – REST BREAKS - Authority was correct that no unpaid wages are owed and that all rest breaks were paid for.
  7. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [PDF, 379 KB]

    [2021] NZEmpC 167 UXK v Talent Propeller Ltd (Judgment of Judge B A Corkill, 5 October 2021) CHALLENGE TO AUTHORITY MINUTE – DISCLOSURE – Authority ordered disclosure of judgment that was subject to District Court suppression order – Authority minute was a determination that could be challenged – Authority should have inspected the document itself to decide on relevance – Authority could not pull unredacted document from other proceedings on its own.
  11. [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation [PDF, 237 KB]

    [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation (Costs Judgment of Judge B A Corkill, 28 September 2021) APPLICATION FOR COSTS – not a “test case” of such novelty or wide public interest that costs should lie where they fall– category 3B awarded with a reduction taking into account potential broader implications for others – disbursements for travel and accommodation awarded – application granted.
  13. [2021] NZEmpC 161 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [PDF, 198 KB]

    [2021] NZEmpC 161 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment of Judge J C Holden, 24 September 2021) APPLICATION FOR FREEZING AND ANCILIARY ORDERS – Labour Inspector has good arguable case – respondents have assets to be sold – making the application without notice and with urgency was appropriate – application granted.
  14. [2021] NZEmpC 160 Wilson v Manukau Institute of Technology [PDF, 216 KB]

    [2021] NZEmpC 160 Wilson v Manukau Institute of Technology (Interlocutory Judgment of Judge B A Corkill, 22 September 2021) APPLICATION FOR ORDER – reg 52 Employment Court Regulations 2000 – further disclosure directions made – application granted in part – APPLICATION TO EXCLUDE EVIDENCE – by consent respondent to disclosure further documents relevant to issue – evidence admissible but submissions may be made as to weight – application dismissed.
  18. [2021] NZEmpC 156 Butt v Attorney-General sued on behalf of the Ministry of Health [PDF, 238 KB]

    [2021] NZEmpC 156 Butt v Attorney-General sued on behalf of the Ministry of Health (Reasons for judgment of Judge Kathryn Beck, 20 September 2021) APPLICATION TO EXCLUDE EVIDENCE – affidavit discussing judicial settlement conference relevant to question of whether representation would induce reasonable person to enter into settlement – hearsay evidence about training costs relevant to question of what representations were made – in the interests of justice that evidence be before the Court – application declined.
  21. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [PDF, 226 KB]

    [2021] NZEmpC 153 WN v Auckland International Airport Ltd (Judgment of Chief Judge Christina Inglis, 15 September 2021) CHALLENGE – JURISDICTION – Authority minute decided on a substantive jurisdictional issue and was therefore subject to challenge – Authority has jurisdiction to consider interim reinstatement before dismissal takes effect – matter to be considered by Authority – APPLICATION FOR NON-PUBLICATION – likely negative effect on employee’s ability to find future employment – potential intense public scrutiny – application granted.