Search Results

1. [2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]

   ...grievance justification test under s 103A of the Employment Relations Act 2000, as it applied before that date, was used by the Authority. This case being a challenge to its determination (albeit now directed to be heard de novo), that former section applies. In shorthand, this is what is known as the “would” test version of s 103A. Relevant facts [5] Mr Rittson-Thomas owns a Hawke’s Bay farm known as Totara Hills Farm. This operates as two separate units although some fu...

2. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [pdf, 320 KB]

   ...evidence it heard. Those findings were also correct on the basis of the more thorough evidence provided to the Court. [91] I dismiss this aspect of the challenge. Second issue: did the Authority err with regard to s 103A(5) of the Act? [92] Section 103A(5) provides: ... (5) The Authority or the court must not determine a dismissal or an action to be unjustifiable under this section solely because of defects in the process followed by the employer if the defects were— (a...

3. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

   ...in the Aviation Security Service”.3 [10] The CA Act confers certain powers upon ASOs, such as the power to search, to detain persons and to seize property.4 Those officers are warranted. The Act then 2 Civil Aviation Act 1990, s 80. 3 Section 72B(2)(ca). 4 Sections 80A–80H. grants certain protections to those officers, providing they act in good faith and perform their duties under the CA Act.5 [11] The role of ASOs is provided for in a multi-union collectiv...

4. [2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [pdf, 349 KB]

   DAVID RODKISS v CARTER HOLT HARVEY LIMITED NZEmpC CHRISTCHURCH [2015] NZEmpC 34 [24 March 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 34 CRC 52/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DAVID RODKISS Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: 19, 20, 21, 22 August and 28, 29, 30, 31 October 2014 and submissions filed on 5 and 14 November 201

5. [2012] NZEmpC 51 New Zealand Cards Ltd v Ramsay [pdf, 130 KB]

   ...Authority. They were reimbursement of lost wages equivalent to three months’ ordinary time pay and compensation of $12,000. [60] There is an obvious difficulty with the claim for reimbursement of lost wages. The statutory remedy provided for in s 128 of the Employment Relations Act 2000 is for money lost “as a result of the grievance”. After he was dismissed, Mr Ramsay elected to become a full time care giver for his mother. While that was admirable, the result was that he...

6. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...Court. Specifically, ss 11(1)(a) and 15(1)(d) of that Act requires a reporting entity such as a lawyers’ firm to conduct enhanced due diligence. This included a duty to verify the identity of the customer and obtain that person’s address. Section 31(1) requires a law firm to conduct ongoing customer due diligence. These obligations applied in the circumstances. GRL had breached its statutory obligations. A reporting entity not conducting customer due diligence could be lia...

7. [2015] NZEmpC 122 Campbell v The Commissioner of Salford School [pdf, 631 KB]

   MARLENE CAMPBELL v THE COMMISSIONER OF SALFORD SCHOOL NZEmpC CHRISTCHURCH [2015] NZEmpC 122 [27 July 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 122 EMPC 280/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MARLENE CAMPBELL Plaintiff AND THE COMMISSIONER OF SALFORD SCHOOL Defendant Hearing: 18 - 22 May and 28 May 2015 (heard at Invercargill) Appearances:

8. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

   ...a written warning, the [your] total lack of insight into the things you are doing while at work, then it raises an issue for Lakes regarding trust and confidence. Therefore in accordance with the Lakes DHB code of Conduct, Serous Misconduct Section please be informed that I am ending your services with immediate effect. You will be required to immediately hand back all Lakes property and clear out your office space and we will arrange with payroll your final salary to 122:00 n...

9. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...ordered to pay Mr Ward the sum of $30,000 by way of compensation under s 123(1)(c)(i) of the Act. Lost remuneration and benefits [40] Mr Ward seeks lost wages of $40,743.52 gross for the period between 8 November 2016 and 31 March 2018. [41] Section 128 provides that, where the Court determines that an employee has a personal grievance and has lost remuneration as a result of the personal grievance, the Court may order the employer to pay to the employee the lesser of a sum equa...

10. [2024] NZEmpC 227 The Vice Chancellor of Lincoln University v Cheng [pdf, 237 KB]

    ...evidence at this stage. The facts [11] Ms Cheng was a student at Lincoln University and obtained a first class honours degree in agricultural science. One of the professors at the University 6 See McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312 at [4]. 7 Brooks Homes Ltd, above n 5, at [12]. suggested that she apply for funding for a full-time position as a research field technician. Ms Cheng put in an application and it was approved. In November...