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2329 items matching your search terms

  1. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [PDF, 328 KB]

    [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment (Judgment of Judge M E Perkins, 5 April 2019) APPLICATION FOR DECLARATION OF BREACH OF GOOD FAITH – investigation of complaint by employee – whether investigation flawed – whether Court has jurisdiction to make declaration of good faith – no flaw in investigation – no breach of good faith.

  2. [2019] NZEmpC 34 Emmerson v Northland District Health Board [PDF, 908 KB]

    [2019] NZEmpC 34 Emmerson v Northland District Health Board (Judgment of Judge B A Corkill, 28 March 2019) PERSONAL GRIEVANCE – UNJUSTIFIED DISADVANTAGE – BULLYING – UNJUSTIFIED DISMISSAL – performance concerns – alleged drug use – serious misconduct because of improper prescription – whether grievances were raised within time – whether a continuous course of conduct – failure to provide supervision and training amounted to a disadvantage – incidents were exaggerated and did not amount to bullying – dismissal was unjustified because of lack of consideration of alternatives to dismissal and consideration given to allegations that were not investigated – remedies for unjustified dismissal reduced to 0 for reasons of equity and good conscience – remedies for unjustified disadvantage reduced for contribution.

  3. [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS [PDF, 370 KB]

    [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS (Costs Judgment of Full Court, 6 March 2019) COSTS – defendant was legally aided – whether there were exceptional circumstances – delay was reasonable and explained – merits were not hopeless – no legal rights against advisors – no exceptional circumstances – whether there could be an order against counsel – no possible basis for such an order – whether an order could be made under s 45(5) of Legal Services Act – whether court should exercise discretion - case was a test case – costs should lie where they fall.

  4. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [PDF, 537 KB]

    [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc (Judgment of Judge K G Smith, 28 February 2019) FACILITATION – BREACH OF GOOD FAITH - FIXING – whether Authority correct to order fixing of terms of collective agreement -  consideration of grounds in s 50J – breach must be “sufficiently serious” and sustained to undermine bargaining – offer of further mediation not reasonable – fixing only effective remedy – challenge dismissed.