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2705 items matching your search terms

  1. [2021] NZEmpC 82 Barry v C I Builders Ltd [PDF, 279 KB]

    [2021] NZEmpC 82 Barry v C I Builders Ltd (Judgment of Chief Judge Christina Inglis, 2 June 2021) APPLICATION FOR DECLARATION OF EMPLOYMENT STATUS – agreement described applicant as independent contractor – intention is only one factor in determining nature of relationship – company had the right to exercise detailed control over applicant – applicant was integrated into company – applicant did not work for anyone else during course of relationship – applicant was unable to delegate work to others – applicant had no opportunity to make a profit or bear a loss – no ability to sell a business – applicant was an employee – declaration granted.

  2. [2021] NZEmpC 77 Fleming v Attorney-General [PDF, 446 KB]

    [2021] NZEmpC 77 Fleming v Attorney-General (Judgment of Chief Judge Christina Inglis, 26 May 2021) APPLICATION FOR SECTION 6 DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international obligations - applicant's work was undertaken in a dwellinghouse - applicant was a homeworker and therefore an employee of the Minister of Health - part 4A of the New Zealand Public Health and Disability Act 2000 precluded wages while in force - unpaid wages owed starting with repeal of part 4A - penalties not appropriate.

  3. [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei [PDF, 287 KB]

    [2021] NZEmpC 76 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei (Judgment of Judge Kathryn Beck, 21 May 2021) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – employer unilaterally changed terms of remuneration amounted to breach of duty – reason for resignation was not the breaches – employee was not constructively dismissed – UNJUSTIFIABLE DISADVANTAGE – company’s breaches amounted to unjustifiable disadvantage – lost wages and compensation awarded.

  4. [2021] NZEmpC 71 Bowen v Bank of New Zealand [PDF, 241 KB]

    [2021] NZEmpC 71 Bowen v Bank of New Zealand (Judgment of Judge J C Holden, 17 May 2021) APPLICATION FOR SPECIAL LEAVE TO REMOVE MATTER TO THE COURT – redundancy in the context of protected disclosures is not an important question of law – no grounds to remove – application declined – APPLICATION FOR NON-PUBLICATION – no specific adverse consequences from information being published – non-publication orders are already in place in other forums and should not be undermined – order made to protect other orders.

  5. [2021] NZEmpC 69 Head v IRD [PDF, 679 KB]

    [2021] NZEmpC 69 Head v IRD (Judgment of the full Court, 14 May 2021) SECTION 6 - TRIANGULAR EMPLOYMENT - whether plaintiffs were employed by IRD or labour-hire company - labour-hire arrangements can be legitimate - agreements and documents between the parties were clear that labour-hire company was the employer - intention of the parties was for labour-hire company to be the employer - relationships operated in practice in accordance with agreements and documents - common law tests of limited assistance - no deliberate attempt to bypass employment protections - plaintiffs were employed by labour-hire company.

  6. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [PDF, 320 KB]

    [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong (Judgment of Judge B A Corkill, 7 May 2021) PERSONAL GRIEVANCE – NON-DO NOVO CHALLENGE – no error of law or fact made by Authority in finding there was insufficient consultation for redundancy – no error made by Authority in determining the breaches were not minor – Authority compensation awards slightly reduced – Authority was correct in finding no reduction needed to be made for contribution.