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2281 items matching your search terms

  1. [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.

  2. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [PDF, 315 KB]

    [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer (Interlocutory Judgment of Judge B A Corkill, 27 February 2019) APPLICATION FOR EXTENSION OF TIME FOR PAYMENT INTO COURT – STRIKEOUT APPLICATION – payment to court not made through inadvertent error – paid late - wasted costs and disbursements paid to defendant – strikeout application for only part of the challenge – principles of strikeout and of abuse of process considered – application declined.

  3. [2019] NZEmpC 17 Morgan v Tranzit Coachlines Wairarapa Ltd [PDF, 202 KB]

    [2019] NZEmpC 17 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 18 February 2019) APPLICATION FOR LEAVE TO FILE A REPLY TO POSITIVE DEFENCES – plaintiff out of time to reply to positive defences – counsel unaware of time limitation – application is close to substantive hearing but will not take up additional time in the hearing – no potential prejudice – leave granted.

  4. [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.

  5. [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.

  6. [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.