Search Results

1. [2009] NZEmpC CC 21/09 Solid Energy Nz Ltd V Manson Ors [pdf, 73 KB]

   ...JUDGMENT OF JUDGE A A COUCH [1] An employee who is unjustifiably dismissed may claim remedies including reimbursement of lost remuneration. The essential issue in this case is the length of time for which lost earnings ought to be reimbursed. Section 128 of the Employment Relations Act 2000 (“the Act”) sets a 3-month base level but gives a discretion to extend that period. The question in this case is whether that discretion ought to be exercised and, if so, to what extent...

2. [2019] NZEmpC 129 A v N Ltd [pdf, 291 KB]

   ...of A was to be specific to her and not to be part of any random testing. It was at this point that things began to unravel. While the individual employment agreement did not contain a specific drug and alcohol testing policy, it did contain a section dealing with drug and alcohol testing as follows: Testing Testing for the presence of drugs and/or alcohol may be conducted: 1. as part of pre-employment screening, 2. if there is reasonable cause to suspect an employee’s fitne...

3. [2021] NZEmpC 64 Lawton v Steel Pencil Holdings Ltd (in liq) [pdf, 183 KB]

   ...working parent living in Palmerston North. It is said that travelling to Wellington would significantly affect Ms Gray’s work and childcare commitments. [4] The plaintiff abides the decision of the Court in respect of both applications. [5] Section 5 of the Courts (Remote Participation) Act 2010 provides criteria to apply when such an application is made. That criteria includes the nature of the proceeding, the availability and quality of the technology that would be used; th...

4. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...contribution which I discuss below. Reimbursement [47] Where the Court determines that an employee has a personal grievance and that they have lost remuneration as a result of that grievance, it must order reimbursement to the employee. [48] Section 128(2) provides that the order for lost wages is to be the lesser of a sum equal to the remuneration lost or to 3 months’ ordinary time remuneration. That is subject to the proviso in s 128(3) which provides that the Court may,...

5. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

   DEBORAH HOFF v THE WOOD LIFECARE (2007) LIMITED NZEmpC CHRISTCHURCH [2015] NZEmpC 58 [6 May 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 58 CRC 19/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DEBORAH HOFF Plaintiff AND THE WOOD LIFECARE (2007) LIMITED Defendant Hearing: 29, 30 September, 1, 2 and 3 October 2014 and 20, 21, 22 and 23 January 2015) (Heard at N

6. [2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd [pdf, 497 KB]

   CATHERINE STORMONT v PEDDLE THORP AITKEN LIMITED NZEmpC AUCKLAND [2017] NZEmpC 71 [6 June 2017] ATTENTION IS DRAWN TO THE NON-PUBLICATION ORDERS REFERRED TO AT [129] OF THIS JUDGMENT IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 71 EMPC 48/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN CATHERINE STORMONT Plaintiff AND PEDDLE THORP AITKEN LIMITED Defendant Hearing: 18-26 Octo

7. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...subsequent losses. [8] As invited to by the Court, Mr Pollak addressed the Court of Appeal’s decision in Sam’s Fukuyama Food Services Ltd v Zhang 7 (Zhang) and the impact the Zhang case has had on the exercise of the discretion, conferred by s 128(3) of the Employment Relations Act 2000 (the Act), to award a grievant more than three months’ ordinary time remuneration. [9] Mr Pollak submitted that the Authority had before it clear evidence of loss. However, it is diffi...

8. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ALLIED INVESTMENTS LIMITED (TRADING AS ALLIED SECURITY LIMITED) v EDDIE MARRIOTT NZEmpC CHRISTCHURCH [2015] NZEmpC 210 [1 December 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 210 EMPC 58/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ALLIED INVESTMENTS LIMITED (TRADING AS ALLIED SECURITY LIMITED) Plaintiff AND EDDIE MARRIOTT Defendant Hearing: 22-23 October

9. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 597 at [253]. 4 settling a series of collective agreements, without major concessions being made, frequently sees what are sometimes criticised as anachronistic restrictions, retained. Section 32 which is at the heart of the legislation’s relevant provisions, sets out the minimum requirements of good faith in bargaining for a collective agreement. These include that: The parties must use their best endeavours...

10. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

    GF v COMPTROLLER OF THE NEW ZEALAND CUSTOMS SERVICE [2023] NZEmpC 101 [30 June 2023] ORDER PROHIBITING PUBLICATION OF ANY NAMES OR IDENTIFYING PARTICULARS AS SET OUT AT PARAGRAPH [193] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2023] NZEmpC 101 EMPC 317/2021 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GF Plaintiff AND COMPTROLLER OF THE NEW Z