Search Results

1. [2019] NZEmpC 143 Sfizio Ltd v Freeborn [pdf, 420 KB]

   ...10 Employment Relations Act 2000, s 179(2). 11 Employment Relations Act 2000, s 221. For example, Stormont v Peddle Thorp Aitken Ltd [2017] NZEmpC 12, [2017] ERNZ 51; Vasona Networks Inc v Sunder [2016] NZEmpC 128. [26] The threshold for joinder under s 221 is similar to the threshold under HCR 4.4. [27] I am satisfied that the issue of identity of parties does meet the thresholds of either s 221 or HCR 4.4(1)(c). The intended third parties

2. [2019] NZEmpC 24 Blue Water Hotel Ltd v VBS [pdf, 370 KB]

   ...being extended under ss 219(1) or 221, which contain broad powers for extending time.1 1 Blue Water Hotel Ltd v VBS [2018] NZEmpC 128. [2] The Court determined that the powers of the latter sections could not be used to extend the three-year time limitation provision under s 114(6) of the Act. Costs were reserved. [3] Now, the plaintiff seeks costs both in respect of its successful challenge, and in respect of the hearin...

3. [2015] NZEmpC 198 Ritchies Transport Holdings Limited v Merennage [pdf, 297 KB]

   RITCHIES TRANSPORT HOLDINGS LIMITED v KEERITHI MERENNAGE NZEmpC AUCKLAND [2015] NZEmpC 198 [13 November 2015] IN THE EMPLOYMENT COURT AUCKLAND [2015] NZEmpC 198 EMPC 288/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN RITCHIES TRANSPORT HOLDINGS LIMITED Plaintiff AND KEERITHI MERENNAGE Defendant EMPC 287/2014 IN THE MATTER OF a challenge to a determination of the

4. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

   ...reasonable employer can be expected to comply with its own promulgated policies and procedures.6 Justification [65] The test of justification is described in s 103A of the Act. It 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 test in subsection (2). (2) The test is whether the employer’s actions, and how the em...

5. [2023] NZEmpC 20 Henry v South Waikato Achievement Trust [pdf, 385 KB]

   ...[114] 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 for that loss is to be ordered, s 128(2) provides for it to be the lesser of a sum equal to the lost remuneration or three months’ ordinary time remuneration, but there is a discretion to award a greater amount. [115] The claim invites the Court to exercise the discretion un...

6. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   EMMA YUEN SEE FOX v HEREWORTH SCHOOL TRUST BOARD NZEmpC WELLINGTON [2015] NZEmpC 206 [25 November 2015] IN THE EMPLOYMENT COURT WELLINGTON [2015] NZEmpC 206 WRC 5/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN EMMA YUEN SEE FOX Plaintiff AND HEREWORTH SCHOOL TRUST BOARD Defendant Hearing: 15, 16, 17, 18 and 19 September, and 19 and 20 November 2014 (Heard at Hastings)

7. [2016] NZEmpC 121 Tait v Robin t/a Silver Birch Holiday Park & Motel [pdf, 148 KB]

   ...contributed wholly to her dismissal and [the] Plaintiff is not entitled to the relief sought. [6] The remedies sought by Ms Tait in her statement of claim are: a. Payment of the sum of $5,000 for hurt, humiliation and injury to feelings pursuant to Section 123(1)(c) of the Employment Relations Act 2000. b. Payment in compensation for three months lost wages pursuant to Section 123(1)(b) of the Act amounting to $960.00 c. Costs.

8. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...remuneration, less PAYE, to Mr Dasari. The rate at which the payment is to be made is that set out in the individual employment agreement sent to Mr Dasari under cover of a letter dated 27 August 2013. The order was made pursuant to ss 123(1)(b) and 128 of the Employment Relations Act 2000 (the Act). (d) Whanau Tahi Ltd was ordered to pay compensation of $5,000 to Mr Dasari pursuant to s 123(1)(c)(i) of the Act. (e) Pursuant to s 124 of the Act there was to be no reduction i...

9. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...Keighran’s favour it ought to be significantly reduced for contributory conduct, with the starting point for contribution being a 50 per cent reduction. 6 A point I understood Mr Keighran to accept during the course of evidence. [38] Section 124 of the Act deals with the reduction of remedies for contributory conduct. It provides that: 124 Remedy reduced if contributing behaviour by employee Where the Authority or the court determines that an employee has a person...

10. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

    KANA SHANMUGANATHAN v POWERNET LIMITED NZEmpC CHRISTCHURCH [2015] NZEmpC 104 [2 July 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 104 EMPC 285/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KANA SHANMUGANATHAN Plaintiff AND POWERNET LIMITED Defendant Hearing: 25 - 26 May 2015 (heard at Invercargill) Appearances: M J Thomas, counsel for the Plaintiff