Search Results

1. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...under s 67B(1). The Authority referred to dicta of former Chief Judge Colgan in Smith v Stokes Valley Pharmacy (2009) Ltd, to the effect that a notice under the 90-day trial provisions had to be more than simply advice of dismissal; rather the section contemplated that the notice would contain advice as to when, in future, the dismissal would take effect.4 [10] Relying on this dicta, the Authority held the notice did not give advice of a future termination, and was accordingly inva...

2. [2020] NZEmpC 103 Ashby v NIWA Vessel Management Ltd [pdf, 173 KB]

   ...mother’s illness and her own stress in dealing with that illness. Ms Ashby’s mother was admitted to hospital on 20 October 2019. Ms Ashby says her 2 Employment Relations Act 2000, s 179(2). 3 Section 221(c). 4 An Employee v An Employer [2007] ERNZ 295 (EmpC) at [9]. mother was in hospital for nearly a week. Ms Ashby has moved into her parents’ home to be her mother’s caregiver as her father was unable to care f...

3. [2012] NZEmpC 128 Mana Coach Services Ltd v New Zealand Tramways & Public Passenger Transport Employees Union Inc [pdf, 88 KB]

   MANA COACH SERVICES LIMITED V NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION INC NZEmpC WN [2012] NZEmpC 128 [2 August 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 128 WRC 4/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MANA COACH SERVICES LIMITED Plaintiff AND NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION INC Defendant Hearing: By memoranda...

4. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

   ...election does not indicate the way in which the appeal is to be heard. There may be evidence or further evidence about the matters at issue in the non de novo challenge. The Court must make its own decision, as required by s 183 of the Act. d) Section 182(3) of the Act requires that where an election states that the person seeking the election is not seeking a hearing de novo, the Court must direct, in relation to the issues involved in the matter, the nature and extent of the...

5. [2023] NZEmpC 57 New Zealand Steel Ltd v Haddad [pdf, 444 KB]

   NEW ZEALAND STEEL LIMITED v RA’ED HADDAD [2023] NZEmpC 57 [5 April 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 57 EMPC 134/2021 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN NEW ZEALAND STEEL LIMITED Plaintiff AND RA’ED HADDAD Defendant Hearing: 30 May–1 June 2022 and 1–2 August 2022 (Heard at

6. [2014] NZEmpC 128 Huang v Li [pdf, 118 KB]

   WANZHI HUANG v FEI LI NZEmpC WELLINGTON [2014] NZEmpC 128 [14 July 2014] IN THE EMPLOYMENT COURT WELLINGTON [2014] NZEmpC 128 WRC 26/12 IN THE MATTER OF an application for a rehearing AND IN THE MATTER of an application for stay of proceedings AND IN THE MATTER of an application for security for costs BETWEEN WANZHI HUANG Applicant AND FEI LI Respondent Hearing: (on the papers by documents dated 31 October 201...

7. [2010] NZEmpC 82 Goodfellow v Building Connexion Ltd t/a ITM Building Centre [pdf, 44 KB]

   ...should be awarded, I must have regard to the level of awards made in other broadly comparable cases. Without setting those out in detail, I find that a just award in this case is $8,000. [43] The remedy of reimbursement is dealt with in s 128 of the Employment Relations Act 2000. Section 128(2) directs the Court to order the employer to pay to the employee the lesser of a sum equal to the remuneration lost as a result of the personal grievance or to three months’ ordinary ti...

8. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...JCE’s resignation such that it amounts to an unjustified dismissal. (Footnotes omitted) [33] The Authority recorded the alleged breaches of contractual and statutory duties as being of:3 (a) clause 1.6.1 of the collective agreement; (b) section 56 of the State Sector Act 1988; (c) section 6 of the Health and Safety in Employment Act 1992; and (d) the implied contractual duty to provide a safe workplace. [34] Clause 1.6.1 of the collective agreement required the departm...

9. [2016] NZEmpC 136 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 391 KB]

   XTREME DINING LIMITED TRADING AS THINK STEEL v LEIGHTON DEWAR NZEmpC CHRISTCHURCH [2016] NZEmpC 136 [31 October 2016] IN THE EMPLOYMENT COURT CHRISTCHURCH [2016] NZEmpC 136 EMPC 73/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN XTREME DINING LIMITED TRADING AS THINK STEEL Plaintiff AND LEIGHTON DEWAR Defendant Hearing: Court: 26 and 27 July 2016 (heard at Christchurch

10. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

    HOOPER V COCA-COLA AMATIL (NZ) LTD NZEmpC CHCH [2012] NZEmpC 11 [2 February 2012] IN THE EMPLOYMENT COURT CHRISTCHURCH [2012] NZEmpC 11 CRC 48/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KEITH HOOPER Plaintiff AND COCA-COLA AMATIL (NZ) LTD Defendant Hearing: 29, 30 November 2011 and 1 December 2011 (Heard at Christchurch) Appearances: Tim Oldfield, counsel for the plaintiff Mark Lawlor a