Search Results

1. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

   MCALISTER V AIR NEW ZEALAND LTD AK AC 65/06 24 November 2006 IN THE EMPLOYMENT COURT AUCKLAND AC 65/06 ARC 37/05 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN DAVID MCALISTER Plaintiff AND AIR NEW ZEALAND LTD Defendant Hearing: 20, 21, 22 and 23 February 2006 (Heard at Auckland) Appearances: Rodney Harrison QC, Counsel for the Plaintiff Kevin Thompson, Counsel for the Defendant Judgment: 24 November 2006

2. [2008] NZEmpC AC 24/08 Panovski v Marine Trimmers and All Awnings 2004 Ltd [pdf, 78 KB]

   ...the dismissal will be important in determining the scope of the evidence which is relevant to the issue of contribution under s124. Subsequently there has been a Court of Appeal decision in the Salt case, which I will refer to later ([2008] NZCA 128). [50] Mr Finnigan accepted that as the dismissal was for poor work performance, if that could be established and was either significant or persistent, it might qualify as contributory conduct. However, the mere fact that there were o...

3. [2013] NZEmpC 82 Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [pdf, 177 KB]

   ...defendant has failed to discharge the burden of justifying the plaintiff’s dismissal. Remedies [64] Mr Pollak did not address remedies in his final submissions. In his opening submissions he invited the Court to exercise the discretion under s 128(2) and (3) of the Act to award the plaintiff reimbursement of lost remuneration equal to the remuneration losses she suffered as a result of her dismissal. He submitted that this sum as a calculation was straightforward as it was a...

4. [2010] NZEmpC 133 Mercer v Maori Television Service [pdf, 82 KB]

   ...portion of a settlement agreement which we had to honour. Clearly the performance management it wasn’t it was recording really bad at that stage. So that to me when all taken together and after the disciplinary process, he had breached sections of that settlement agreement. [49] When the terms of settlement were put before her, Ms Arago-Kemp said that Mr Shazell was drawing his conclusions on a number of things on the balance of probabilities that Mr Mercer had breach...

5. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...aside the agreement. Whether DeloitteAsparona then breached the agreement is a separate issue. [61] Accordingly, I find the record of settlement, dated 7 July 2016, stands. It prevents Mr AlKazaz from bringing a claim of unjustified dismissal. Section 149 [62] Mr AlKazaz also submitted that the agreement is invalid because the requirements of s 149 of the Act were not complied with. He alleged that the mediator had never called or met with him and that his failure to do so was...

6. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   SMITH V STOKES VALLEY PHARMACY (2009) LIMITED WN 26 August 2010 IN THE EMPLOYMENT COURT WELLINGTON [2010] NZEMPC 111 WRC 14/10 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN HEATHER SMITH Plaintiff AND STOKES VALLEY PHARMACY (2009) LIMITED Defendant Hearing: 9 and 10 August 2010 (Heard at Wellington) Appearances: Peter Cranney and Carolyn Mayston, Counsel for Plaintiff Tim Cleary, Counsel for Defendant Judgmen

7. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   MISHELE RADFORD v CHIEF OF NEW ZEALAND DEFENCE FORCE [2021] NZEmpC 35 [24 March 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2021] NZEmpC 35 EMPC 396/2018 IN THE MATTER OF a referral of a question of law from the Employment Relations Authority BETWEEN MISHELE RADFORD Plaintiff AND CHIEF OF NEW ZEALAND DEFENCE FORCE Defendant AND MINISTRY OF FOREIGN

8. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...reinstatement is feasible or can be carried out successfully. 35 As was recognised by the full Court in Angus v Ports of Auckland Ltd reasonableness requires the Court to undertake a broad inquiry into the equity of the parties’ cases. 36 (k) Section 124 does not limit the effect of a contribution finding to financial remedies. The Court of Appeal in White v Auckland District Health Board held that the statutory scheme of the Act confines the

9. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   KEANU HEAD v CHIEF EXECUTIVE OF THE INLAND REVENUE DEPARTMENT [2021] NZEmpC 69 [14 May 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2021] NZEmpC 69 EMPC 254/2019 IN THE MATTER OF an application for declarations pursuant to s 6(5) of the Employment Relations Act 2000 BETWEEN KEANU HEAD First Plaintiff AND JAMES LOGIE WRIGHT Second Plaintiff AND SAMUEL

10. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

    BAY OF PLENTY DISTRICT HEALTH BOARD v CULTURESAFE NEW ZEALAND LIMITED [2020] NZEmpC 149 [22 September 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 149 EMPC 49//2019 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority AND THE MATTER of a preliminary issue BETWEEN BAY OF PLENTY DISTRICT HEALTH BOARD Plaintiff AND