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  1. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

    ...of the employment agreement. However, there is an element of overlap between the two. [127] The plaintiff accepts this and proposes that the penalties be globalised at $10,000. It submits that a penalty of $1,500 to $2,500 is appropriate. [128] The essence of the breach(es) is the failure to notify NZDF that she was leaving to work for someone else. [129] I accept that the defendant’s breaches were serious given the nature of her experience and knowledge in the area of empl...

  2. [2017] NZEmpC 39 ALA v ITE [pdf, 317 KB]

    ALA v ITE NZEmpC AUCKLAND [2017] NZEmpC 39 [12 April 2017] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES’ IDENTITY IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 39 EMPC 282/2016 IN THE MATTER OF an application for orders under s 140(6) of the Employment Relations Act 2000 BETWEEN ALA Plaintiff AND ITE Defendant Hearing: 27, 28 February 2017 (heard at Taurang

  3. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

    TE WHATU ORA – HEALTH NEW ZEALAND v PUBLIC SERVICE ASSOCIATION, TE PŪKENGA HERE TIKANGA MAHI [2023] NZEmpC 56 [5 April 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2023] NZEmpC 56 EMPC 62/2022 IN THE MATTER OF applications for declarations under the Equal Pay Act 1972 and the Employment Relations Act 2000 BETWEEN TE WHATU ORA – HEALTH NEW ZEALAND Plaintiff AND

  4. [2014] NZEmpC 157 Howard v Carter Holt Harvey Packing Ltd [pdf, 121 KB]

    DEAN HOWARD v CARTER HOLT HARVEY PACKAGING LIMITED NZEmpC CHRISTCHURCH [2014] NZEmpC 157 [29 August 2014] IN THE EMPLOYMENT COURT CHRISTCHURCH [2014] NZEmpC 157 CRC 5/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DEAN HOWARD Plaintiff AND CARTER HOLT HARVEY PACKAGING LIMITED Defendant Hearing: 28 - 30 July 2014 (heard at Christchurch) Appearances: D Beck, R Boulton and D Mills-Godin

  5. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

    ...the afternoon of 8 October 2021; this fact was also verified by WXN in his affidavit and was not contradicted by AIAL. Legal framework [67] The legal principles as to an application of interim reinstatement are not in dispute. [68] Section 123(1)(a) of the Employment Relations Act 2000 (the Act) provides for the remedy of reinstatement of an employee to his or her former position, or placement to a position no less advantageous to that employee. [69] Section 125 of...

  6. [2013] NZEmpC 85 Aarts v Barnados New Zealand [pdf, 328 KB]

    JOHAN AARTS V BARNARDOS NEW ZEALAND NZEmpC AK [2013] NZEmpC 85 [20 May 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 85 ARC 14/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JOHAN AARTS Plaintiff AND BARNARDOS NEW ZEALAND First Defendant AND COMMISSIONER OF NEW ZEALAND POLICE Second Defendant AND MINISTRY OF SOCIAL DEVELOPMENT Third Defendant AND THE PRIVACY COMMISSIONER Fourt

  7. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

    RADIUS RESIDENTIAL CARE LIMITED v THE NEW ZEALAND NURSES ORGANISATION INC NZEmpC AUCKLAND [2016] NZEmpC 112 [31 August 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 112 EMPC 265/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WOR

  8. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

    HALLAM NGARUPA KUPA v SILVER FERN FARMS BEEF LIMITED NZEmpC WELLINGTON [2016] NZEmpC 87 [7 July 2016] IN THE EMPLOYMENT COURT WELLINGTON [2016] NZEmpC 87 EMPC 79/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN HALLAM NGARUPA KUPA Plaintiff AND SILVER FERN FARMS BEEF LIMITED Defendant Hearing: 13, 14 and 15 June 2016 Appearances: S Mitchell, counsel for the plaintiff T

  9. [2015] NZEmpC 89 Ngawharau v The Porirua Whanau Centre Trust [pdf, 251 KB]

    IRITANA HOROWAI NGAWHARAU v THE PORIRUA WHANAU CENTRE TRUST NZEmpC WELLINGTON [2015] NZEmpC 89 [12 June 2015] IN THE EMPLOYMENT COURT WELLINGTON [2015] NZEmpC 89 WRC 14/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN IRITANA HOROWAI NGAWHARAU Plaintiff AND THE PORIRUA WHANAU CENTRE TRUST Defendant Hearing: 24 February and 8 May 2015 (heard at Wellington) Appearances:

  10. [2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland [pdf, 371 KB]

    ...satisfied that the University investigated in good faith redeployment opportunities that would have prevented any loss of employment for both Dr Caddy and Dr Camp. The outcome was that Dr Camp was not suitable for the Music Education role. [128] This left Dr Caddy and Dr Camp to contest the Music Studies position. The selection process [129] The Review and Restructure Policy and Procedure sets out that the selection criteria were to include skills and capabilities outlin...