Judgments of note 2009
From time to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law
Idea Services Ltd v Dickson WC 17A/09 [PDF, 138 KB]
[Full Court - Chief Judge Colgan, Judges Travis & Couch, 11 December 2009) Majority judgment that an “averaging” approach to payment of minimum wages is unlawful.
EBIIWU & Ors v Carter Holt Harvey Ltd AC 22A/09 [PDF, 34 KB]
[Chief Judge Colgan, 9 December 2009] Unsuccessful removal proceedings regarding employee protection provisions.
Norske Skog Tasman Ltd v Manufacturing & Construction Workers Union & Anor AC 49/09 [PDF, 135 KB]
[Full Court - Chief Judge Colgan, Judges Travis & Couch, 9 December 2009] Successful challenge regarding employee protection provisions and jurisdiction.
Idea Services Ltd v Dickson WC 17/09 [PDF, 84 KB]
[Full Court - Chief Judge Colgan, Judges Travis & Couch, 8 July 2009] Whether sleepovers constitute work for the purposes of the Minimum Wage Act.
New Zealand Meat Workers and Related Trades Union v Taylor Preston Ltd WC 8/09 [PDF, 64 KB]
[Judge Shaw, 22 April 2009] Whether defendant breached prohibition on preference.
Te Runanga o Ngati Whatua v Brence ARC 20/09 [PDF, 399 KB]
[Chief Judge Colgan, 21 April 2009] Order of the Court (Search order)
Te Runanga o Ngati Whatua v Brence AC 18/09
[Chief Judge Colgan, 21 April 2009] Ex parte application for search order against former employee.
McCain Foods (NZ) Ltd v Service & Food Workers Union Nga Ringa Tota Inc WC 5/09 [PDF, 68 KB]
[Chief Judge Colgan, 8 April 2009] Whether parties should be referred to facilitated bargaining.
A Farmer v A Worker CC 3/09 [PDF, 55 KB]
[Judge Couch, 20 March 2009] Whether dismissal or frustration of employment agreement.
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