Search Results

1. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...might reasonably have been expected to obtain if a personal grievance had not arisen. He also claims reimbursement of salary lost as a result of the grievance. Mr Oldfield also presented an argument as to the correct interpretation to be given to s 128 of the Act which deals with the quantum of such reimbursement. However, in view of my findings in this judgment, I now do not need to consider further the submissions relating to remedies. [34] In reply, Mr France, counsel for the...

2. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [pdf, 306 KB]

   ...legal; the choice of law is also unsurprising since the defendant’s “centre of operations” is Hong Kong, and the material incidents of the plaintiffs’ employment have their “closest and most real connections” to Hong Kong law. Section 238 of the ERA provides that the Act will have effect despite any provision to the contrary in any contract or agreement; but this section does not apply because the employment contracts were formed in Hong Kong. The employer is a...

3. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

   ...confidentiality obligations which were reinforced by the compliance orders; these have occurred before and after these proceedings were commenced; and ITE has declined to comply with the Court’s takedown orders. Appropriate sanction [22] The section of the Act which describes the sanctions which the Court may impose where a compliance order has been breached, states: 140 Further provisions relating to compliance order by court … (6) Where any person fails to comply with...

4. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...an employment agreement, unless the parties could agree on the terms necessary to rectify the problem the only remedy which could be considered would be one to remove the offending clause. Relevant statutory provisions [35] I now set out the sections of the Act that are relevant to this challenge. Section 67D describes the requirements of an availability provision as follows: 67D Availability provision (1) In this section and section 67E, an availability provision means a pr...

5. [2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley [pdf, 308 KB]

   ...a vague idea as to what was intended. She signed the agreement presented to her so as to retain employment. [62] Given the circumstances, I do not place any weight on the acknowledgments she gave at the time of the signing of the agreement. Sections 66(2) and (3) [63] Section 66(2) describes two tests which the employer must satisfy. Before the agreement is entered into, the employer must: a) Have genuine reasons based on reasonable grounds for specifying that the employment...

6. [2018] NZEmpC 13 Lyttelton Port Co Ltd v Rail and Maritime Union of NZ Inc [pdf, 327 KB]

   ...notice as the “overtime notice”. It was addressed to LPC and to the Chief Executive of the Ministry of Business, Innovation and Employment, and stated: ... You are hereby given 14 clear days’ notice of a strike, in accordance with section 90 of the Employment Relations Act 2000, as follows: The nature of the strike is: 1. A ban on the performance of overtime by all members of the RMTU who are covered by the bargaining with Lyttelton Port Company Limited for the int...

7. [2024] NZEmpC 250 High Performance Sport New Zealand Ltd v The Athletes Cooperative Inc [pdf, 289 KB]

   ...The meaning of legislation must be ascertained from its text and in the light of its purpose and context.9 Even if the meaning of the text is plain in isolation of the purpose, the meaning should always be cross checked against purpose.10 [58] Section 40 states: 40 Who may initiate bargaining (1) Bargaining for a collective agreement may be initiated by— (a) 1 or more unions with 1 or more employers; or (b) 1 or more employers with 1 or more unions. (2) However, bargaining fo...

8. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

   ...Relations Authority in this area, it may assist those and others if I set out the following about the survival of causes of action in circumstances of bankruptcy. [14] New Zealand bankruptcy law is largely codified in the Insolvency Act 2006. Section 76(1) provides that, upon an adjudication of bankruptcy, all proceedings to recover any debt provable in the bankruptcy are halted. Section 101(1) makes it clear that all property belonging to, or vesting in, the bankrupt, vests in the...

9. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   WILLIE ALATIPI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS NZEmpC WELLINGTON [2015] NZEmpC 7 [5 February 2015] IN THE EMPLOYMENT COURT WELLINGTON [2015] NZEmpC 7 WRC 12/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN WILLIE ALATIPI Plaintiff AND CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 1-5 and 23 September 2014 (heard at Wellington) Appe

10. [2013] NZEmpC 25 Gini v Literacy Training Ltd [pdf, 110 KB]

    ...his submissions, Mr Cleary now accepts the $725 figure. [24] The more significant issue between the parties, which is ongoing, relates to taxation. Mr Cleary submitted that the award of three months’ ordinary time remuneration pursuant to s 128(2) of the Act was required to be assessed on a net basis after allowing for PAYE. Both Mr Cleary and Mr O’Sullivan made submissions on the issue and they attached to their submissions accounting documentation tending to support their...