Search Results

1. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...sub-issues:10 (a) whether there is a serious question to be tried in relation to the claim of unjustified dismissal; and (b) if so, whether there is a serious question to be tried in relation to the claim for permanent reinstatement. 7 Section 125. 8 Section 127. 9 NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531 at [12]. 10 McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312 at [4]. [19] In its consideration of the Brooks Home...

2. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...February, determined the matter on the papers, declining the removal application. When the Authority declines to remove any matter, special leave may be sought from the Court which must apply the following criteria set out in paragraphs (a)-(c) of sub-section (2) of s 178: (a) an important question of law is likely to arise in the matter other than incidentally; or (b) the case is of such a nature and of such urgency that it is in the public interest that it may...

3. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...even less. [32] The argument for the plaintiff is, however, that this was a pre-employment trial, entered into before the parties were in an employment relationship, so that the provisions of ss 67A and 67B are inapplicable. [33] Subsection (3) of s 67A defines an employee, for the purposes of s 67A(1) as an employee who has not been previously employed by the employer. “Employee” is also defined generally and relevantly in s 6 (via s 5) of the Employment Relations...

4. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...also be relevant to the weighting exercise. Finally, the overall interests of justice are 1 McInnes v Western Bay of Plenty District Council [2016] NZERA Auckland 92. 2 See s 127(4). 3 Section 3. 4 NZ Tax Refunds Ltd v Brooks Homes Ltd [2013] NZCA 90, (2013) 13 TCLR 531 at [12]-[13]. considered, standing back from the detail required by the earlier steps. While the power to make an order for interim reinstatement...

5. [2024] NZEmpC 248 Secretary for Education v Public Service Association [pdf, 456 KB]

   ...to redundancy is required. [6] On the second issue, the Ministry says the negotiation required by cl 11.15.1 is to be conducted change process by change process; the PSA says it is on an individual employee by individual employee basis. [7] Section 11 of the current collective agreement deals with change management. It is a detailed section and is set out in full in the attachment to this judgment. It is fair 2 Public Service Association – Te Pūkenga Here Tikanga Mahi Inc...

6. [2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd [pdf, 311 KB]

   ...required. One is by the pilot in command or a suitable person to whom the pilot in command delegates the inspection, and the other by the engineer. The aircraft technical log demonstrates this, 4 Employment Relations Act 2000, s 124. 5 Section 125. with different parts of the check to be signed off by different people. There are in total four signatures required on that form: a crew pre-flight signature, a captain acceptance signature, a captain post-flight signat...

7. [2024] NZEmpC 165 Berryman v Fonterra Coopertive Group Ltd - Interlocutory [pdf, 206 KB]

   ...claim relates to Fonterra’s treatment of unvaccinated workers and whether this constitutes unlawful discrimination. His second claim relates to s 36 of the Health and Safety at Work Act 2015 (HSWA) and whether Fonterra was required under this section to have its workforce vaccinated or tested for COVID-19, or required to take any other measures to keep others outside of its workplace safe. [24] In regard to Mr Berryman’s first claim of unlawful discrimination, the submissions...

8. [2010] NZEmpC 94 Hutton & ors V Provencocadmus Ltd (In Receivership) & ors [pdf, 49 KB]

   ...disputes about the interpretation, application, or operation of an employment agreement: (b) matters related to a breach of an employment agreement: (c) matters about whether a person is an employee (not being matters arising on an application under section 6(5)): … (e) personal grievances: … (g) matters about the recovery of wages or other money under section 131: … (m) actions for the recover of penalties- (i) under this Act for a breach o...

9. [2014] NZEmpC 233 Wills v Goodman Fielder NZ Ltd [pdf, 271 KB]

   KEITH WILLS v GOODMAN FIELDER NEW ZEALAND LIMITED NZEmpC CHRISTCHURCH [2014] NZEmpC 233 [22 December 2014] IN THE EMPLOYMENT COURT CHRISTCHURCH [2014] NZEmpC 233 CRC 3/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KEITH WILLS Plaintiff AND GOODMAN FIELDER NEW ZEALAND LIMITED Defendant Hearing: 3 - 6 November 2014 (Heard at Christchurch) Appearances: L Ryder and J

10. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

    ...apparently filled in and the reference to the payment of withholding tax. 2 [9] The Chief Judge ordered that the declaration form be subject to forensic examination on the plaintiff’s application. A report was provided by the Document Examination Section of the New Zealand Police. The report supports Mr Yang’s concerns that someone else inserted the text complained about in the form, 3 and supports his evidence that he did not fill in the form (other than his signature) and...