[2023] NZEmpC 39 Wilson-Grange Investments v Guerra (Judgment of Chief Judge Christina Inglis, 14 March 2023) NON-DE NOVO CHALLENGE - PERSONAL GRIEVANCE - Authority did not make an error in finding reduction in wages to be personal grievance, even in circumstances of COVID-19 lockdown - Authority did not make an error in finding a personal grievance for an unfair disciplinary process or in awarding costs.
You can search by selecting a jurisdiction, a keyword (for example a name) or browse by year.
Some jurisdictions only publish a selection of decisions. Identifying details may be removed.
Search results
3381 items matching your search terms
-
[2023] NZEmpC 39 Wilson-Grange Investments v Guerra [PDF, 226 KB] -
[2023] NZEmpC 41 Fitzherbert Regency Motor Lodge (2018) Ltd v Smith [PDF, 96 KB] [2023] NZEmpC 41 Fitzherbert Regency Motor Lodge (2018) Ltd v Smith (Consent Judgment of Judge J C Holden, 13 March 2023) CONSENT.
-
[2023] NZEmpC 37 Elliott v Coastal Cabins Ltd [PDF, 125 KB] [2023] NZEmpC 37 Elliott v Coastal Cabins Ltd (Consent Judgment of Judge Kathryn Beck, 9 March 2023) CONSENT.
-
[2023] NZEmpC 36 Hilford v Board of Trustees of Whangarei Boys’ High School [PDF, 253 KB] [2023] NZEmpC 36 Hilford v Board of Trustees of Whangarei Boys’ High School (Judgment of Judge B A Corkill, 8 March 2023) EVIDENCE – CHALLENGE - whether Authority appropriately ordered documents to be destroyed – determination could be challenged because order had a substantive effect – destruction of documents went too far – documents to be kept in redacted form.
-
[2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [PDF, 249 KB] [2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand (Interlocutory Judgment (No 3) of Judge B A Corkill, 8 March 2023) APPLICATION WITH REGARD TO INTERVENER STATUS – issues are important – intervener participation allowed on a restricted basis.
-
[2023] NZEmpC 34 Henry v South Waikato Achievement Trust [PDF, 142 KB] [2023] NZEmpC 34 Henry v South Waikato Achievement Trust (Costs Judgment of Judge K G Smith, 7 March 2023) COSTS - CONSENT.
-
[2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [PDF, 239 KB] [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 7 March 2023) NON-DE NOVO CHALLENGE - NATURE AND EXTENT OF HEARING - non-de novo challenge is not a stricto sensu appeal - evidence presented in Court is not restricted to evidence that was presented in Authority.
-
[2023] NZEmpC 32 A Labour Inspector v Samra Holdings Ltd T/A Te Puna Liquor Centre [PDF, 141 KB] [2023] NZEmpC 32 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre (Consent Costs Judgment of Judge Kathryn Beck, 1 March 2023) COSTS - CONSENT.
-
[2023] NZEmpC 31 Pact Group v Robinson [PDF, 170 KB] [2023] NZEmpC 31 Pact Group v Robinson (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 1 March 2023) APPLICATION TO PARTICIPATE AT A HEARING BY ALTERNATIVE MEANS – application not opposed – witness lives in Australia and travel would present personal difficulties – application granted.
-
[2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections [PDF, 219 KB] [2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections (Judgment of Judge J C Holden, 28 February 2023) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – advocate unreasonably failed to raise grievance on applicant’s behalf – failure was exceptional circumstance under s 115(b) – s 114(4)(a) would apply even if failure by advocate was not “unreasonable” – leave granted to raise grievance out of time.
-
[2023] NZEmpC 29 Bowen v Bank of New Zealand [PDF, 202 KB] [2023] NZEmpC 29 Bowen v Bank of New Zealand (Interlocutory Judgment (No 3) of Judge J C Holden, 28 February 2023) APPLICAION TO DISMISS PROCEEDINGS – Authority can determine how it investigates an employment relationship, including what evidence to accept –Authority determination on evidence admissibility cannot be challenged under s 179(5) – proceedings dismissed – non-publication orders made.
-
[2023] NZEmpC 28 Oliver v Biggs [PDF, 187 KB] [2023] NZEmpC 28 Oliver v Biggs (Judgment of Judge B A Corkill, 28 February 2023) APPLICATION FOR COMPLIANCE ORDER – previous Costs awards have not been paid – no explanation made for ignoring Court orders – fine of $3,000 imposed – compliance orders made.
-
[2023] NZEmpC 27 Pilgrim v Attorney-General [PDF, 179 KB] [2023] NZEmpC 27 Pilgrim v Attorney-General (Interlocutory Judgment (No 30) of Chief Judge Christina Inglis, 27 February 2023) APPLICATION FOR DISCLOSURE OF DOCUMENTS – documents sought are relevant – disclosure would be time-consuming and expensive – application granted with conditions.
-
[2023] NZEmpC 26 Pilgrim v Attorney-General [PDF, 169 KB] [2023] NZEmpC 26 Pilgrim v Attorney-General (Interlocutory Judgment (No 29) of Chief Judge Christina Inglis, 25 February 2023) APPLICATION FOR LEAVE TO RECALL A WITNESS FOR CROSS-EXAMINATION – evidence is relevant – recall can be accommodated pragmatically – application granted.
-
[2023] NZEmpC 25 Pilgrim v The Attorney-General [PDF, 174 KB] [2023] NZEmpC 25 Pilgrim v The Attorney-General (Interlocutory Judgment (No 28) of Chief Judge Christina Inglis, 23 February 2023) APPLICATION BY MEDIA TO ATTEND SITE VISIT - non-accredited journalist producing a documentary - different considerations apply as compared to other media companies - application declined.
-
[2023] NZEmpC 24 Pact Group v Robinson [PDF, 179 KB] [2023] NZEmpC 24 Pact Group v Robinson (Interlocutory Judgment of Chief Judge Christina Inglis, 23 February 2023) APPLICATION FOR STAY OF EXECUTION – insufficient basis for concerns about financial ability – application declined.
-
[2023] NZEmpC 23 Pilgrim v The Attorney-General [PDF, 186 KB] [2023] NZEmpC 23 Pilgrim v The Attorney-General (Interlocutory Judgment (No 27) of Chief Judge Christina Inglis, 22 February 2023) APPLICATION FOR MEDIA TO ATTEND SITE VISIT - Court has jurisdiction to make orders - balance between open justice and privacy concerns - application granted with conditions.
-
[2023] NZEmpC 22 MGK Homes Ltd v Yoon [PDF, 179 KB] [2023] NZEmpC 22 MGK Homes Ltd v Yoon (Interlocutory Judgment of Judge J C Holden, 22 February 2023) APPLICATION FOR STAY – balance of convenience points against complete stay – partial stay granted - NATURE AND SCOPE OF CHALLENGE – only part of the determination is challenged – challenge is therefore non-de novo – directions to be made about nature and extent of hearing.
-
[2023] NZEmpC 20 Henry v South Waikato Achievement Trust [PDF, 385 KB] [2023] NZEmpC 20 Henry v South Waikato Achievement Trust (Judgment of Judge K G Smith, 22 February 2023) SUSPENSION – DISMISSAL – REMEDIES – decision to suspend not justified – employee not informed of real reason for suspension – decision to dismiss not justified – dismissal investigation flawed – compensation for lost wages – compensation for humiliation and injury to feelings – special damages awarded for legal fees incurred during dispute.
-
[2023] NZEmpC 21 Pilgrim v The Attorney-General [PDF, 200 KB] [2023] NZEmpC 21 Pilgrim v The Attorney-General (Interlocutory Judgment (No 26) of Chief Judge Christina Inglis, 21 February 2023) APPLICATION FOR RECALL - Court considered all issues - misunderstanding of parties' position is not an exceptional circumstance warranting a recall - application declined.
-
[2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [PDF, 254 KB] [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School (Interlocutory Judgment (No 3) of Judge B A Corkill, 21 February 2023) APPLICATION AS TO ADMISSIBILITY OF EVIDENCE – cautious approach to be applied when excluding evidence pre-trial – some objections have merit – certain evidence excluded according to schedule.
-
[2023] NZEmpC 19 Edwards v Recreational Services Ltd [PDF, 130 KB] [2023] NZEmpC 19 Edwards v Recreational Services Ltd (Consent Judgment of Judge K G Smith, 20 February 2023) CONSENT.
-
[2023] NZEmpC 17 Pilgrim v The Attorney-General [PDF, 182 KB] [2023] NZEmpC 17 Pilgrim v Attorney-General (Interlocutory Judgment (No 25) of Chief Judge Christina Inglis, 18 February 2023) APPLICATION FOR IN-COURT MEDIA COVERAGE – footage to be used in documentary – open justice principles can still be served by non-contemporaneous coverage – proceedings are of significant public interest – application granted.
-
[2023] NZEmpC 16 Bird v Vice-Chancellor of the University of Waikato [PDF, 189 KB] [2023] NZEmpC 16 Bird v Vice-Chancellor of the University of Waikato (Judgment of Judge J C Holden, 17 February 2023) JURISDICTION – Authority excluded evidence – whether determination can be challenged under s 179(5) – preliminary determination cannot be challenged – substantive determination can be challenged once published.
-
[2023] NZEmpC 13 People Media Group Ltd v Galligan [PDF, 170 KB] [2023] NZEmpC 13 People Media Group Ltd v Galligan (Interlocutory Judgment of Judge J C Holden, 16 February 2023) APPLICATION FOR STAY OF PROCEEDINGS – APPLICATION FOR SECURITY FOR COSTS – stay not in interests of justice – respondent accepts it would not be in position to pay costs if unsuccessful on challenge – security for costs ordered.