Search Results

1. [2019] NZEmpC 103 Saipe v Bethell [pdf, 252 KB]

   ...of the Act; thus, the Authority did not have jurisdiction to consider the employment relationship problem. [3] This application is opposed by Mr Saipe on the basis that, analysed properly, the Court must conclude there was compliance with the section, and there is accordingly jurisdiction. [4] Mr Saipe also filed an application under s 219 of the Act, seeking an order extending the three-year time limitation period if necessary. This was met with the obvious objection that the C...

2. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...casual 4 Presumably so as to comply with s 28 of the Holidays Act 2003, however, because Danica and Shani had not agreed to this in an employment agreement, there was not compliance with that section. agreement was until such time as terminated by either party pursuant to the termination clause in the agreement; there was no provision in the agreement for either party to terminate the agreement, except where there was s...

3. [2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [pdf, 126 KB]

   ...dismissal. [8] On this basis, the Authority found that the defendant had failed to comply with paragraphs (b) to (d) of s 103A of the Employment Relations Act 2000 (the Act), which provides: 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 e...

4. [2013] NZEmpC 71 Gilbert v Transfield Services (New Zealand) Ltd [pdf, 362 KB]

   DEREK WAYNE GILBERT V TRANSFIELD SERVICES (NEW ZEALAND) LIMITED NZEmpC CHCH [2013] NZEmpC 71 [29 April 2013] IN THE EMPLOYMENT COURT CHRISTCHURCH [2013] NZEmpC 71 CRC 46/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DEREK WAYNE GILBERT Plaintiff AND TRANSFIELD SERVICES (NEW ZEALAND) LIMITED Defendant Hearing: 26-28 September 2011 and 1-3 February 2012 (Heard at Christchurch) Appearances:

5. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...position to call further evidence about the ownership of the property but, after discussion, elected not to pursue that subject any further. [27] There is no basis for any deduction from the amounts owed to Mr Wate. Lost remuneration [28] Section 123(1)(b) of the Act gives the Court power to order reimbursement to an employee 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. Section 128(2) enables the Court to...

6. [2024] NZEmpC 221 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 226 KB]

   ...employment. If accepted that meant the transferred information only needed to be sufficient to establish them immediately before the transfer of the commercial undertaking. His submissions covered in detail the interrelationships between the sections in pt 6A. [37] Conversely, Mr McGuinness took a more expansive view of the interpretation of pt 6A and what information needed to be supplied. In doing so, the purpose of pt 6A was emphasised, a broad reading of “individualised e...

7. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

   HAYLLAR V THE GOODTIME FOOD COMPANY LIMITED NZEmpC WN [2012] NZEmpC 153 [6 September 2012] IN THE EMPLOYMENT COURT WELLINGTON [2012] NZEmpC 153 WRC 28/11 WRC 29/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN LEITH HAYLLAR First Plaintiff AND ANDRE MATENE Second Plaintiff AND THE GOODTIME FOOD COMPANY LIMITED Defendant Hearing: 26, 27 and 28 March 2012 (Heard at Hastings) Appearances: Alan

8. [2021] NZEmpC 186 Restaurant Brands Ltd v Gill [pdf, 349 KB]

   ...appropriate? Analysis Good faith issues [50] Good faith is of course a cornerstone concept of the Employment Relations Act 2000 (the Act), underpinning the “relational approach” that is to be maintained between employer and employee.3 [51] Section 3(a) provides that the objective of the Act is to build “productive employment relationships” through the promotion of good faith in “all aspects of the employment environment”. [52] Section 4 sets out the mandatory o...

9. [2022] NZEmpC 36 Kang v Saena Company Ltd [pdf, 231 KB]

   ...the judgment. [12] The amount sought to be protected by the freezing and ancillary orders was $62,465.06. That sum combined the amount claimed and an estimate of costs calculated on a Category 2B basis.3 Power to make freezing orders [13] Section 190(3) of the Act provides the Court with the same powers to make freezing orders as applies in the High Court. The High Court Rules 2016 are applied to an application in this Court with appropriate modifications. [14] Rule 32.2...

10. [2009] NZEmpC WC 17A/09 Idea Services Ltd v Dickson [pdf, 138 KB]

    IDEA SERVICES LTD V DICKSON WN WC 17A/09 11 December 2009 IN THE EMPLOYMENT COURT WELLINGTON WC 17A/09 WRC 31/08 WRC 34/08 WRC 31/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN IDEA SERVICES LIMITED Plaintiff AND PHILLIP WILLIAM DICKSON Defendant WRC 34/08 IN THE MATTER OF a matter removed to the Court by the Employment Relations Authority BETWEEN PHILLIP WILLIAM DICKSON Plaintiff AND IDEA SERVICES LI