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3378 items matching your search terms

  1. [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [PDF, 266 KB]

    [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc (Judgment of Judge K G Smith, 23 May 2023) APPLICATION FOR INTERIM INJUNCTION AGAINST STRIKE – strike proposed on health and safety grounds – no need for immediate and significant risk under s 84 of the Employment Relations Act 2000 – evidence establishes reasonable belief in health and safety risk – strike is proposed to be short – balance of convenience weighs against interim injunction – application declined.

  2. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [PDF, 339 KB]

    [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc (Judgment of Judge K G Smith, 16 May 2023) FIXING COLLECTIVE AGREEMENT – CHALLENGE – no breach of good faith by employer – union breached good faith by raising pay claim late and refusing to deal with recognised bargaining agent – Authority was correct to fix collective agreement as a consequence of the breach of good faith – JURISDICTION – Court could not have fixed collective agreement – COSTS – decision was not of public interest such that costs should lie where they fall – daily tariff awarded.

  3. [2023] NZEmpC 71 Straayer v Employment Relations Authority [PDF, 228 KB]

    [2023] NZEmpC 71 Straayer v Employment Relations Authority (Costs Judgment of Judge B A Corkill, 3 May 2023) COSTS – GUIDELINE SCALE – costs awarded to Worksafe – insufficient financial information to reduce costs for financial hardship - litigant in person was partially successful on interlocutory judgment – litigant in person can only claim costs in exceptional cases, which this is not – costs not awarded on interlocutory judgment.

  4. [2023] NZEmpC 69 Halse v Employment Relations Authority [PDF, 292 KB]

    [2023] NZEmpC 69 Halse v Employment Relations Authority (Judgment of Judge J C Holden, 2 May 2023) APPLICATION FOR STAY – application for leave to appeal to the Court of Appeal not yet filed – application declined – APPLICATION TO STRIKE OUT JUDICIAL REVIEW – Employment Relations Authority was not required to file a statement of defence – Employment Court jurisdiction to judicially review Employment Relations Authority is limited – no reasonably arguable case for judicial review – judicial review application is vexatious – judicial review application is abuse of process - judicial review struck out.