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2267 items matching your search terms

  1. [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.

  2. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [PDF, 382 KB]

    [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees (Judgment of Judge M E Perkins, 9 July 2018) UNJUSTIFIABLE DISMISSAL – BULLYING – defendant admitted dismissal was substantively and procedurally unjustified during hearing – defendant reconstituted disciplinary committee to revisit behavioural issues and elevate outcome from final warning to dismissal – actions not what a fair and reasonable employer could have done – bullying claim not raised in time and not established – reinstatement inappropriate – lost income reimbursed - $25,000 compensation ordered.

  3. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [PDF, 347 KB]

    [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Judgment of Judge K G Smith, 22 June 2018) PRELIMINARY ISSUE: RECORD OF SETTLEMENT – whether settlement agreement final, binding and enforceable – whether record of settlement signed under duress – consideration of law on duress – duress not found on evidence – other allegations not supported by evidence – plaintiff took legal advice throughout - no illegality – authority of employer’s representative to sign not an issue – settlement agreement final, binding and enforceable.

  4. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [PDF, 343 KB]

    [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd (Judgment of Judge M E Perkins, 21 June 2018) APPORTIONMENT OF PENALTY FOR BREACH OF EMPLOYMENT STANDARDS – FACTORS TO BE CONSIDERED – these questions referred by Authority under s 177 – where penalty against employer for breach of employment standards, and against person involved –questions of law  – comparison with other Acts –  deterrence a major factor - actions of employer and actions of person involved are considered separately – no formulaic answer - fairness and justice to be considered – discretion to be exercised based on facts in each case.