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2228 items matching your search terms

  1. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [PDF, 322 KB]

    [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc (Interlocutory Judgment (No 3) of Judge B A Corkill, 6 September 2018) APPLICATION TO APPEAR AND BE HEARD AS INTERVENER -  Meat Industry Assoc of NZ  - opposed by defendant – test whether applicant “justly entitled to be heard” – principles considered – construction of s 69ZD unresolved – intervener submissions confined to the statutory interpretation issue -intervener may not seek costs.

  2. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [PDF, 303 KB]

    [2018] NZEmpC 100 Elisara v Allianz New Zealand Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 28 August 2018) APPLICATION FOR FURTHER AND BETTER DISCLOSURE – whether privilege attaches to settlement agreements – consideration of reg 44 – whether settlement agreements with other employees relevant to plaintiff’s case – s 148 considered – no reference to agreed terms of settlement – documents to be disclosed on counsel-only basis – other categories of documents either to be disclosed or subject to verifying affidavit.

  3. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [PDF, 312 KB]

    [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd (Interlocutory Judgment of Judge K G Smith, 16 August 2018) SECURITY FOR COSTS – employee resides in the US with no property in New Zealand – whether Court should exercise discretion not to award security for costs – company in more vulnerable position financially than employee – employee position arguable on the merits, but not strongly arguable – order for security made – Court scale used to estimate extent of security required - $18,509 to be paid as security for costs.

  4. [2018] NZEmpC 79 Hines v Eastland Port Ltd [PDF, 513 KB]

    [2018] NZEmpC 79 Hines v Eastland Port Ltd (Judgment of Judge J C Holden, 16 July 2018) UNJUSTIFIED DISMISSAL FOR SERIOUS MISCONDUCT – Maritime Transport Act 1994 and Maritime Rules – ship without a “pilot” -  employee put under supervision by other employee – whether acting on an honest but mistaken belief is misconduct – employee was employed for expertise and should have understood obligations – open to find serious misconduct –investigation sufficient – defects in the process were inconsequential – no unfairness in the investigation –no unjustified dismissal - ordering supervision by other employee a minor breach – no unjustified disadvantages – whether employer should indemnify employee’s costs – no remedies awarded.