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Search results for section 128.

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  1. [2015] NZEmpC 77 Adams t/a Untouchable hair & Skin v Brown [pdf, 281 KB]

    RICHARD & JENNIFER ADAMS trading as UNTOUCHABLE HAIR & SKIN v SHANNEN BROWN NZEmpC CHRISTCHURCH [2015] NZEmpC 77 [28 May 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 77 CRC 11/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN RICHARD & JENNIFER ADAMS trading as UNTOUCHABLE HAIR & SKIN Plaintiff AND SHANNEN BROWN Defendant Hearing: 4, 5, 6, 17 March

  2. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 1 MB]

    KATHLEEN CRONIN-LAMPE v THE BOARD OF TRUSTEES OF MELVILLE HIGH SCHOOL [2023] NZEmpC 221 [5 December 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 221 ARC 55/2013 ARC 79/2013 ARC 48/2014 ARC 25/2014 IN THE MATTER OF challenges to determinations of the Employment Relations Authority AND IN THE MATTER OF proceedings removed from the Employment Relations Authority AND

  3. [2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees [pdf, 239 KB]

    ...the appropriate period was from the date of dismissal, 11 April 2017, until the date when the Tribunal released its decision, 28 July 2020. [37] On any view, this claim is a significant one given the three-month starting point described in s 128 of the Act. However, both parties’ positions are well outside that starting point; thus the provisions of the section assume rather less relevance than might usually be the case. The current positions of both parties recognise that the...

  4. [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [pdf, 231 KB]

    ...issued in regards to the same. 5 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (CA). 6 See Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]–[20]. 7 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. (c) If Mr Maheno is successful in the substantive proce...

  5. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

    ...also been involved in issues relating to safety at the port. As will be amplified later, the Union had become concerned regarding those issues, 1 Employment Relations Act 2000 s 81(1)(a)(i). 2 Section 81(1)(a)(iv). caused on analysis of certain safety issues to be undertaken and recently wrote to the company to seek engagement over their concerns. [19] I find that RMTU is involved in the circumstances giving rise to t...

  6. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

    JUDITH BRAKE V GRACE TEAM ACCOUNTING LIMITED NZEmpC AK [2013] NZEmpC 81 [13 May 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 81 ARC 108/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JUDITH BRAKE Plaintiff AND GRACE TEAM ACCOUNTING LIMITED Defendant Hearing: 10, 11 and 24 July 2012 (Heard at Auckland) Counsel: Warwick Reid and Rachael Rolston, advocates for plaintiff Garry Polla

  7. [2021] NZEmpC 146 Gafiatullina v Propellerhead Ltd [pdf, 394 KB]

    ...undermining the substantive justification for the ultimate decision to disestablish the role of Portfolio Manager and redistribute her other duties. There were good reasons for the decision. The disestablishment was substantively justified. 17 Sections 104(1) and 107(1)(e). See Hines v Eastland Port Ltd [2018] NZEmpC 79, [2018] ERNZ 224 at [128] and [131]. [109] In this case that is not the end of the inquiry. Having disestablished the role, the company was obliged to...

  8. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

    ...up to 28th February 2005 and not being in breach of TIL’s Non Competition with TIL covenants….”. 10. The nature of this Vehicle Allowance and the related contingencies are set out in the First Agreement, Schedule 1 (page 5 of the rear blue section) headed up Special conditions (b). 11. The Second Agreement provided for payment of a “NO COMPETITION PREMIUM (“NCP”)”. The NCP was to be paid as “…a premium sum of $10,000 gross per annum separate and additional to all o...

  9. [2014] NZEmpC 134 Booth v Big Kahuna Holdings Ltd [pdf, 197 KB]

    IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 134 ARC 1/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BRENDON RICHARD BOOTH Plaintiff AND BIG KAHUNA HOLDINGS LIMITED Defendant ARC 84/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BRENDON RICHARD BOOTH Plaintiff AND BIG KAHUNA HOLDINGS LIMITED D

  10. [2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board [pdf, 376 KB]

    ANA SHAW v BAY OF PLENTY DISTRICT HEALTH BOARD [2022] NZEmpC 10 [4 February 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 10 EMPC 4/2019 EMPC 360/2019 IN THE MATTER OF challenges to determinations of the Employment Relations Authority BETWEEN ANA SHAW Plaintiff AND BAY OF PLENTY DISTRICT HEALTH BOARD Defendant Hearing: 15–17 June and 2 July 2021