Judgments of note pre-2009

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From time to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law.

Decisions of note 2008

New Zealand Tramways and Public Transport Employees Union Inc & Anor v Transportation Auckland Corporation Limited & Cityline (NZ) Ltd AC 48/08 [PDF, 49 KB]
[Full Court (Judges Travis and Shaw), 12 December 2008] Reconsideration of decision on interpretation of annual leave in a collective agreement in light of s6 Holidays Act 2003.

Air Nelson Ltd v The New Zealand Air Line Pilots' Association IUOW Inc & Anor AC 17B/08 [PDF, 56 KB]
[Full Court (Chief Judge Colgan, Judges Shaw and Couch), 12 September 2008] Form of strike notices in essential services, service of those notices, and jurisdiction of Court to validate informal strike notices.

Te Ao v Chief Executive of the Department of Labour AC 31/08 [PDF, 1.8 MB]
[Chief Judge Colgan, 3 September 2008] Whether mediator precluded from giving evidence about events at mediation which led to mediator's dismissal.

Ryan Security & Consulting (Otago) Ltd v Bolton CC 11/08
[Full Court (Chief Judge Colgan, Judges Shaw and Couch), 18 August 2008] Whether Authority can punish for contempt for breach of its orders.

McCain Foods (NZ) Ltd v SFWU WC 11/08 [PDF, 86 KB]
[Full Court (Chief Judge Colgan, Judges Shaw and Couch), 23 June 2008] Use of employees of competitor company as union representatives.

Vice-Chancellor of Lincoln University v Stewart CC 5C/08
[Judge Couch, 17 June 2008] Process for challenging order removing proceedings to Employment Court.

Vice-Chancellor of Lincoln University v Stewart CC 5B/08
[Judge Couch, 13 May 2008] Reasons for decision that challenge filed out of time and granting extension of time.

Waikato DHB & Ors v New Zealand PSA Inc AC 6/08 [PDF, 53 KB]
[Full Court (Chief Judge Colgan, Judges Travis and Shaw), 20 March 2008] Ratification of settlements reached in collective bargaining.

Olsen v Carter Holt Harvey IT Ltd AC 45/08 [PDF, 97 KB]
[Full Court (Chief Judge Colgan, Judges Shaw and Couch), 24 November 2008] Protection of affected employees who are not vulnerable employees when a business is transferred.