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2267 items matching your search terms

  1. [2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [PDF, 235 KB]

    [2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust (Interlocutory Judgment of Judge M E Perkins, 1 October 2018) GOOD FAITH REPORT – APPLICATION FOR STAY  - compliance orders previously made by Authority – time expired for challenge application for stay of penalties and damages – – good faith report suggested breach - issues still to be canvassed at hearing involve important points of principle – stay allowed subject to strict conditions.

  2. [2018] NZEmpC 112 Kazemi v Rightway Ltd [PDF, 289 KB]

    [2018] NZEmpC 112 Kazemi v Rightway Ltd (Costs Judgment of Judge J C Holden, 27 September 2018) COSTS –  $1,500 awarded for Authority costs plus filing fee - $6,913 exclusive of GST set for special leave application – no fee for obtaining judgment without appearance – costs of $6,690 granted to defendant for effort in responding to challenge which was not discontinued though replaced with special leave application – modest costs allowed for challenge to costs determination – total incl GST of $2,757.44.

  3. [2018] NZEmpC 113 Richora Group Ltd v Cheng [PDF, 396 KB]

    [2018] NZEmpC 113 Richora Group Ltd v Cheng (Judgment of Chief Judge Christina Inglis, 26 September 2018) UNJUSTIFIABLE CONSTRUCTIVE DISMISSAL – no employment agreement until point of dismissal – no process for investigating allegation – post-employment actions of employer –three months lost remuneration plus unpaid wages ordered – factors in assessing quantum of compensation considered – high end harm - greater compensation than claimed could not be awarded – $20,000 ordered in favour of defendant.

  4. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [PDF, 508 KB]

    [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd (Judgment of Judge M E Perkins, 24 September 2018) BREACH OF MINIMUM STANDARDS – PENALTIES – serious breaches – vulnerable employees – immigration issues – principles applying to calculation of penalties – Preet method followed – pre-and post-April 2016 not treated differently – importance of deterrence – banning orders not imposed – penalties against company - $100,000; against directors - $16,000 each. - $10,000 direct to each employee, otherwise to Crown.

  5. [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections [PDF, 683 KB]

    [2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections (Judgment of Judge K G Smith, 17 September 2018) UNJUSTIFIED DISMISSAL – HARASSMENT – ending of intimate relationship led to ongoing harassment – police safety order sought – plaintiff admitted to hospital – mental health issues – harassment continued – explanations of health issues not sufficient – dismissal for serious misconduct – law on conduct outside work considered – no flaw in process – no pre-determination – law on disparity considered – no disparity – challenge dismissed.

  6. [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.

  7. [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.

  8. [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.