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2499 items matching your search terms

  1. [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [PDF, 190 KB]

    [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 4 August 2020) APPLICATION FOR STAY OF PROCEEDINGS – Labour Inspector has applied for consequential orders – stay is sought until after application for rehearing - insufficient evidence of precarious financial position – merits of application for rehearing are weak – balance of convenience weighs against granting stay.

  2. [2020] NZEmpC 114 Ikundabose v McWatt Group Ltd [PDF, 242 KB]

    [2020] NZEmpC 114 Ikundabose v McWatt Group Ltd (Judgment of Judge M E Perkins, 31 July 2020) APPLICATION FOR REHEARING – application was made after limitation period – insufficient explanation for the delay – application declined - APPLICATION FOR SECURITY FOR COSTS – not considered because application for rehearing was declined – COSTS – Authority’s costs award confirmed – employee made Court proceedings prolonged and difficult – early offer of settlement was rejected – large costs award would cause hardship – costs guideline scale applied without adjustment – costs also awarded for unsuccessful application for rehearing.

  3. [2020] NZEmpC 110 Cowan v Kidd [PDF, 327 KB]

    [2020] NZEmpC 110 Cowan v Kidd (Judgment of Judge J C Holden, 28 July 2020) NATURE OF EMPLOYMENT – WAGE ARREARS – parties were friends but the true nature of the relationship was casual employment – employee received no wages during employment - difficulties in calculating hours worked over many years – appropriate rate of pay was minimum wage without agreement to the contrary – employee was not unjustifiably dismissed because he was employed on a casual basis - $20,000 awarded in penalties.

  4. [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [PDF, 333 KB]

    [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department (Judgment of Judge B A Corkill, 27 July 2020) CHALLENGE TO OBJECTION AS TO DISCLOSURE – objections to documents were on grounds of relevance, confidentiality, and oppressiveness – confidential documents to be disclosed only to counsel – some documents irrelevant – while search of documents may be difficult, materials should be disclosed - APPLICATION FOR DIRECTIONS AS TO REPRESENTATION – plaintiffs apply to represent 36 other persons – inquiry will be fact-specific – insufficient commonality of interest -  representative approach is not justified.

  5. [2020] NZEmpC 99 Assoc of Professionals and Executive Employees Inc v Counties Manukau District Health Board [PDF, 299 KB]

    [2020] NZEmpC 99 Assoc of Professionals and Executive Employees Inc v Counties Manukau District Health Board (Judgment of Judge B A Corkill, 6 July 2020) CONTRACTUAL INTERPRETATION – SICK LEAVE – part-time employees contractually entitled to “pro rata” sick leave of 10 days per year – whether pro rata means proportion of days or proportion of hours – employer’s initial practice to proportion by hours indicates parties’ intention – apportioning by hours leads to fairer outcomes – correct approach is to apportion by hours.