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2171 items matching your search terms

  1. [2018] NZEmpC 138 Samuels v Employment Relations Authority [PDF, 295 KB]

    [2018] NZEmpC 138 Samuels v Employment Relations Authority (Judgment of Chief Judge Christina Inglis, 21 November 2018) STANDING TO BRING JUDICIAL REVIEW – interpretation of s 184(1) and s 184(1A) – whether breach of natural justice grounds for judicial review – approach to ouster clauses considered – David and Parker considered – Parker distinguished – plaintiff has standing -challenge not possible – judicial review can be brought for alleged breach of natural justice where other avenues are closed.

  2. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [PDF, 435 KB]

    [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS (Judgment of the Full Court, 7 November 2018) EXTENSION OF TIME – whether there is discretion to extend time for personal grievance after 3 years – analysis of ss 114(6), 219(1) and 221 – time limit in s 114(6) is mandatory – Parliamentary history considered – policies behind limitation periods in general considered – lack of discretion to extend the period is s 114(6) must be deliberate by Parliament – ss 219 and 221 are part of the Court’s special jurisdiction – cases discussed – ss 219 and 221 cannot be used to extend the time limit in s 114(6) – challenge allowed.

  3. GSTech Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [PDF, 283 KB]

    [2018] NZEmpC 127 GSTech Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Costs Judgment of Judge Christina Inglis, 31 October 2018) COSTS – whether Labour Inspector action regarding minimum standards warrants special approach to costs – not appropriate in this instance – costs to follow the event – costs of $8,000 in Authority, $22,300 on the challenge - $1,000 costs on costs, plus disbursements. 

  4. [2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd [PDF, 261 KB]

    [2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd (Interlocutory Judgment of Judge J C Holden, 26 October 2018) JURISDICTION – OBJECTION TO JURISDICTION - appropriate procedure for objection to jurisdiction – whether Authority has jurisdiction to order forensic examination of computers – whether Court has jurisdiction to challenge the Authority’s determination as to its jurisdiction to do that – whether s 179(5) prevents a challenge – Court may have jurisdiction – proceedings not dismissed – statement of defence to be filed.

  5. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board [PDF, 567 KB]

    [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board (Judgment of Judge K G Smith, 19 October 2018) UNJUSTIFIED DISMISSAL – 90-DAY TRIAL – DEFINITION OF EMPLOYEE – whether second employment agreement contained invalid trial period as plaintiff had been previously employed in first agreement – purpose of trial period is to observe work – second trial period valid – dismissal without notice did not comply with s 67B(1) – unjustifiable dismissal found – remedies of 12 months’ salary, compensation of $25,000.