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3063 items matching your search terms

  1. [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation [PDF, 190 KB]

    [2022] NZEmpC 207 Arohanui Hospice Service Trust v New Zealand Nurses Organisation (Judgment of Judge J C Holden, 22 November 2022) PUBLIC HOLIDAYS - INTERPRETATION OF COLLECTIVE AGREEMENT - whether public holiday would otherwise be a "working day" - collective agreement contains agreement on what days would otherwise be working days - definition of "fixed" - clause applies to any employee that does not work on fixed days of the week.

  2. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [PDF, 309 KB]

    [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd (Judgment of Judge B A Corkill, 8 November 2022) AVAILABILITY PROVISION – UNJUSTIFIABLE DISADVANTAGE – availability provision was included in employment agreement – employee was disadvantaged by existence of the clause regardless of whether it was strictly enforced – parties to resolve remedies – personal grievance was raised within time, as limitation period started when employee learned that the availability provision was invalid – remedies start from the date of availability provision being signed – Employment Court has jurisdiction to consider a quantum meruit claim.

  3. [2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [PDF, 267 KB]

    [2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge K G Smith, 26 October 2022) MINIMUM STANDARDS – minimum wage compliance when employees are paid by commission – case distinguishable from impermissible averaging cases – employees payments complied with minimum wage – improvement notices are limited by wage and time record obligations – improvement notice varied.

  4. [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV [PDF, 483 KB]

    [2022] NZEmpC 192 E Tū Inc v Rasier Operations BV (Judgment of Chief Judge Christina Inglis, 25 October 2022) APPLICATION FOR DECLARATION OF EMPLOYMENT STATUS - whether defendants are mere facilitators of marketplace or employers - defendants exercise significant control over drivers - drivers cannot realistically be said to run their own businesses - IDENTITY OF EMPLOYER - defendants are sufficiently connected to constitute joint employer - application granted.

  5. [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) [PDF, 252 KB]

    [2022] NZEmpC 190 Te Whatu Ora – Health New Zealand v Culturesafe NZ Ltd (in liq) (Interlocutory Judgment (No 5) of Judge B A Corkill, 25 October 2022) PROTEST TO JURISDICTION - whether proceedings removed were a "matter" under s 187 of the Employment Relations Act 2000 - broad meaning must be given to the term "matter" - Court has jurisdiction after matter was properly removed - protest to jurisdiction dismissed.