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2346 items matching your search terms

  1. [2019] NZEmpC 6 Cornish Trucks and Van Ltd v Gildenhuys [PDF, 279 KB]

    [2019] NZEmpC 6 Cornish Truck & Van Ltd v Gildenhuys (Judgment of Judge J C Holden, 4 February 2019) UNJUSTIFIED DISMISSAL – whether employee was dismissed or resigned – contradiction in evidence between parties – employee version of events more credible – employee was unjustifiably dismissed - $6000 awarded for lost wages – for compensation, the statement of defence only asked for $7000 – compensation cannot be higher than requested in pleadings – compensation cannot be for post-employment conduct of the employer - $7000 awarded for compensation – no reduction made for contribution.

  2. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [PDF, 268 KB]

    [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd (Interlocutory Judgment of Judge B A Corkill, 4 February 2019) APPLICATION AS TO SCOPE OF CHALLENGE – whether statement of claim raises issues beyond those dealt with by the Authority – issue was raised in the Authority but Member declined to investigate it - definition of the word “matter” – the issues were an aspect of the matter before the Authority, albeit un-investigated.

  3. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [PDF, 418 KB]

    [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc (Judgment of Judge K G Smith, 20 December 2018) COLLECTIVE BARGAINING – whether refusing to bargain collective about wages is a breach of good faith – whether large inflatable rat is breach of good faith by union – whether wage scale must be included in collective agreement – Act does not require wages to be included –duty of good faith does not mean wage scale must be included – no breach of good faith – inflatable rat an exercise of free speech – no defamation – not a breach of good faith.

  4. [2018] NZEmpC 156 NZ Tramways and Public Passenger Transport Employees’ Union (Wellington Branch) v Cityline (NZ) Ltd [PDF, 272 KB]

    [2018] NZEmpC 156 New Zealand Tramways and Public Passenger Transport Employees’ Union (Wellington Branch) v Cityline (NZ) Limited (Judgment of Judge J C Holden, 19 December 2018) CONTRACT INTERPRETATION – whether lawful for employees covered by Valley Flyer agreement to work within Wellington City – factual background considered – consultation adequate – no geographical limit in CEA – no implied term – yes, it is lawful.

  5. [2018] NZEmpC 154 TUV v WXY [PDF, 512 KB]

    [2018] NZEmpC 154 TUV v WXY (Judgment of Chief Judge Christina Inglis, 18 December 2018) SECTION 149 SETTLEMENT AGREEMENT – MENTAL INCAPACITY – whether s 149 prevents an agreement being invalidated for mental incapacity – purpose and legislative history of s 149 discussed – s 149 not unassailable – difference between protection of agreed terms and validity of agreement as a whole – employee was mentally incapable – employer did not know – no unconscionability – no duress – s 149 agreement not set aside – non-publication orders – public interest in parties’ identities – agreement for confidentiality relevant but not decisive – defendant name to be published but plaintiff not.

  6. [2018] NZEmpC 151 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [PDF, 1.3 MB]

    [2018] NZEmpC 151 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc (Judgment of Judge B A Corkill, 17 December 2018) PIECE WORK - REST BREAKS – WHETHER DONNING AND DOFFING IS WORK - case law considered – S 69ZD(3) starting-point –entitlement to be paid – Part 6D does not specify means or method – incorporating paid rest breaks into piece rates is lawful – onus on employer to establish rest breaks paid at correct rate - no evidence paid rest breaks included in CEA or historically – no compliance with statutory requirement – donning and doffing time is work, currently not paid – any remedies must be specifically pleaded.