Search Results

1. [2021] NZEmpC 89 AlKazaz v Deloitte (No. 3) Ltd [pdf, 175 KB]

   ...Asparaona Ltd [2019] NZERA 215 (Member Campbell). [2] The plaintiff has applied for an order allowing one of his witnesses to give evidence remotely by audio-visual link (AVL), pursuant to the Courts (Remote Participation) Act 2010. [3] Section 5 of that Act provides criteria to apply when such an application is made. Those criteria include the nature of the proceeding, the availability and quality of the technology that would be used, the potential impact of the use of the...

2. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...evidence that he would have lost at least three months’ remuneration as a result of 3 Angus v Ports of Auckland Ltd [2011] NZEmpC 160 at [47]. his dismissal, the Court is required under s 128(2) of the Act to reimburse Mr Pickering for the income lost over that three-month (or 13-week) period. [66] Under s 128(3) of the Act the Court also has a discretion to order an employer to pay a greater sum as compensation for lost...

3. [2024] NZEmpC 84 E Tū Inc v Singh [pdf, 378 KB]

   E TŪ INCORPORATED v SHER SINGH [2024] NZEmpC 84 [21 May 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 84 EMPC 275/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN E TŪ INCORPORATED Plaintiff AND SHER SINGH Defendant EMPC 286/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authorit

4. [2011] NZEmpC 140 Gwilt v Briggs Stratton NZ Ltd [pdf, 188 KB]

   GWILT V BRIGGS & STRATTON NEW ZEALAND LIMITED NZEmpC AK [2011] NZEmpC 140 [27 October 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 140 ARC 7/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GEOFFREY SCHOLEFIELD GWILT Plaintiff AND BRIGGS & STRATTON NEW ZEALAND LIMITED Defendant Hearing: 26-29 July and 10 August 2010 (5 days) (Heard at Auckland) Appearances: Garry Pollak, cou

5. [2023] NZEmpC 217 MGK Homes Ltd v Yoon [pdf, 289 KB]

   ...resignation. [54] Ms Yoon says, given the contents of the meeting, it was clear to her she had no option but to accept dismissal. [55] I agree that the termination of Ms Yoon’s employment was a dismissal. Was the dismissal unjustified? [56] Section 103A of the Act states: 103A Test of justification (1) For the purposes of section 103(1)(a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the te...

6. [2012] NZEmpC 97 Doran v Crest Commercial Cleaning Ltd [pdf, 224 KB]

   DORAN V CREST COMMERCIAL CLEANING LIMITED NZEmpC CHCH [2012] NZEmpC 97 [21 June 2012] IN THE EMPLOYMENT COURT CHRISTCHURCH [2012] NZEmpC 97 CRC 49/10 IN THE MATTER OF a proceeding removed into the Court by the Employment Relations Authority BETWEEN ROGER TERENCE DORAN Plaintiff AND CREST COMMERCIAL CLEANING LIMITED Defendant Hearing: 7, 8 & 20 June 2011 (Heard at Nelson & Wellington) Court: Judge A A Couch Judge A D Ford A

7. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

   ...period to obtain alternative employment and that it was satisfied he had sought to mitigate his loss. [55] Then, the Authority dealt with the question as to whether it would be appropriate for the Authority to exercise its discretion under s 128(3) of the Act and make orders for lost wages beyond the three-month period set out in s 128(2). [56] In findings which are challenged, the Authority stated Mr Zhang’s complaint alleging professional impropriety by Ms Sim was particular...

8. [2014] NZEmpC 188 The Warehouse Ltd v Harris [pdf, 501 KB]

   MARGARET HARRIS v THE WAREHOUSE LIMITED NZEmpC AUCKLAND [2014] NZEmpC 188 [3 October 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 188 ARC 8/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MARGARET HARRIS Plaintiff AND THE WAREHOUSE LIMITED Defendant ARC 10/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN

9. [2021] NZEmpC 200 Best Health Foods Ltd v Zhou [pdf, 226 KB]

   ...employment as an accountant. [36] The Authority held that Best Health Foods failed to satisfy s 103A.22 Under s 123 of the Act, where the Authority or Court determines an employee has a personal grievance, remedies can be provided. Under s 128(2), when the Authority considers 22 Zhou v Best Health Foods Ltd, above n 1, at [17]. ordering the payment of lost remuneration it is required to award the employee the lesser of a sum equal to the lost remuneration or three...

10. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

    ...monitoring and use of records [38] As I have said, the company relied on GPS tracking records in its disciplinary process and to support the decision that serious misconduct had occurred and that dismissal was justified. The company policy has a section relating to company vehicles and, in particular, the GPS navigation unit. It provides that the purpose of the GPS system is to “help with health and safety of staff and passengers” and “improve the efficiency of vehicle runni...