Search Results

1. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   MCKENDRY V JANSEN & PROUTING CHCH 24 September 2010 IN THE EMPLOYMENT COURT CHRISTCHURCH [2010] NZEMPC 128 CRC 34/10 IN THE MATTER OF a referral of a question of law from the Employment Relations Authority BETWEEN JANE JOYCE MCKENDRY Plaintiff AND JANINE JANSEN AND COLIN PROUTING Defendants Hearing: by memoranda of submissions filed on 30 August and 13 and 15 September 2010 Court: Chief Judge G L Colgan Judge B S Travis Judge A D Ford Appearan...

2. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

   ...obtained orders for compensation for lost earnings and for humiliation, loss of dignity and injury to his feelings. [6] Mr Saipe’s other claims fail. 1 Saipe v Bethell [2018] NZERA Auckland 180. 2 Blue Water Hotel Ltd v VBS [2018] NZEmpC 128; Saipe v Bethell [2019] NZEmpC 103 at [4] and [13]. 3 Saipe v Bethell [2018] NZERA Auckland 382. Mr Saipe was employed to assist with marketing and with business systems [7] Mr Saipe says that Ms Bethell is the “majority owner...

3. [2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust [pdf, 259 KB]

   ...understanding of the description of the environment in which the residential training programme of cadetship operated at all relevant times. 2 [8] Against that background, I distil the following key facts, which will be amplified as necessary in later sections of this judgment. [9] The Salvation Army is a Christian Protestant church, begun by William and Katherine Booth in 1865. It was initially called the Christian Mission, but adopted its present name and form in 1878.

4. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...with MTE Ltd. He did not immediately start looking for alternative work and the country went into Level 4 lockdown shortly thereafter. Mr Vermuelen decided, in the circumstances, to return to South Africa. He subsequently found work. [65] Section 128 of the Employment Relations Act 2000 provides that: 128 Reimbursement … (2) If this section applies then, subject to subsection (3) and section 124, the Authority must, whether or not it provides for any of the other remedies p...

5. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...Employment Court judgment. 10 Richora Group Ltd v Cheng [2018] NZEmpC 113, [2018] ERNZ 337 at [72] and [75]; Cornish Truck & Van Ltd v Gildenhuys [2019] NZEmpC 6, (2019) 16 NZELR 426 at [56]. 11 Employment Relations Act 2000, s 157(1). 12 Sections 157(2), 160(1)(f). 13 Section 160(3). 14 Section 157(3). Applicants often are unrepresented or represented by lay advocates. It is not uncommon for them to simply say they seek lost wages and distress compensation....

6. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...123(1)(b) and 123(1)(c)(i) respectively of the Employment Relations Act 2000 (the Act). In respect of the loss of wages award, the plaintiff had sought to recover six months’ loss of salary but, in the exercise of its discretion under s 128 of the Act, the Employment Relations Authority (the Authority) fixed the award at three months’ loss of remuneration on the basis that it was not satisfied that sufficient attempts had been made by the plaintiff to find other work....

7. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...necessary to consider in detail, although there are others. [9] The first is s 4 which relevantly states: 4 Parties to employment relationship to deal with each other in good faith (1) The parties to an employment relationship specified in subsection (2)— (a) must deal with each other in good faith; and (b) without limiting paragraph (a), must not, whether directly or indirectly, do anything— (i) to mislead or deceive each other; or (ii) that is likely to mislead or de...

8. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

   ...conduct. [36] Ms Penny submitted that given substantive justification for the dismissal, a personal grievance established only as to procedural flaws in the circumstances of this case should not have resulted in the award of remedies. [37] Section 123(1)(b) and s 128(1) of the Act confirm that before an award for lost remuneration is made, the loss must be as a result of the grievance. 5 Here, the procedural error did not result in lost remuneration. Any actual loss suf...

9. [2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 422 KB]

   BIGSON GUMBEZE v THE CHIEF EXECUTIVE OF ORANGA TAMARIKI – MINISTRY FOR CHILDREN [2024] NZEmpC 133 [24 July 2024] ORDER PROHIBITING PUBLICATION NAMES OR IDENTIFYING PARTICULARS OF NAMES AND IDENTIFYING DETAILS AS AT [10] OF THIS JUDGMENT IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 133 EMPC 256/2022 EMPC 425/2022 IN THE MATTER OF challenges to two determinations of the Employmen

10. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

    ...wages should be made payable. Under s 123(1)(b) of the Act the Court may order reimbursement of a sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance. Where reimbursement is ordered, s 128(2) provides for an order to be the lesser of a sum equal to the lost remuneration or three months ordinary time remuneration, but with discretion to award a greater amount. [94] Oranga Tamariki’s case was that the most Mr Ba...