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1. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...completeness, it is doubtful that either the general words in s 123(1), or the broader powers of the Authority and the Court to exercise their powers in accordance with equity and good conscience, provide latitude to adopt a pick and mix approach 23 Sections 123(1)(b) and 128(1)(b). 24 Section 128(2). 25 Section 128(2). 26 Section 128(3). to remedies – at least in so far as lost remuneration is concerned.27 The position may differ in relation to an assessment of no...

2. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ADRIAANUS WILFRED STRAAYER v EMPLOYMENT RELATIONS AUTHORITY [2022] NZEmpC 128 [19 July 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2022] NZEmpC 128 EMPC 73/2022 IN THE MATTER OF an application for a judicial review AND IN THE MATTER of an application for a strike out of proceedings AND IN THE MATTER of a challenge to objection to disclosure BETWEEN ADRIAANUS...

3. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...the Club having already paid to Mr Butler what the Authority awarded. [17] Mr Austin submitted the Club must be ordered to pay three months wages under s 128 of the Act because Mr Butler was unemployed for at least that length of time. That section reads: 128 Reimbursement (1) This section applies where the Authority or the court determines, in respect of any employee,— (a) that the employee has a personal grievance; and (b) that the employee has lost remuneration as a...

4. [2013] NZEmpC 212 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 64 KB]

   ...pay and Kiwisaver contributions) and compensation for distress. 12 [2009] ERNZ 372 at [69] – [70]. Reimbursement of lost remuneration [46] As to reimbursement, any entitlement under s 128 of the Act must be based on what the employee has lost “as a result of the personal grievance”, in this case his unjustifiable dismissal. The primary entitlement under s 128(2) is to the lesser of the remuneration actually lost or t...

5. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...staff member had been interviewed and their comments recorded, so some time in December 2019. [12] While the report writer had not been asked to make recommendations, brief summary conclusions were referred to at the end of each “evidence” section of the report. In respect of the part of the report headed “Evidence – Possible Racial Discrimination” the report writer noted that the material: …suggests that all of the above situations had been witnessed by, or brought t...

6. [2012] NZEmpC 38 Munro v Hibiscus Coast Security [pdf, 112 KB]

   ...Remedies [30] Mr Munro seeks reimbursement of the remuneration he would have received for the 16 month period between his suspension and his resignation. In addition, he seeks compensation for hurt and humiliation in the sum of $20,000. [31] Section 128(2) provides that where the Court determines that the employee has a personal grievance as a result of which he has lost remuneration, the Court must order the employer to pay the employee the lesser of the sum equal to that lost...

7. [2011] NZEmpC 164 Taylor v Milburn Lime Limited [pdf, 102 KB]

   ...first question must now be whether a fair and reasonable employer in the circumstances in which Mr Mahan found himself on 23 October 2008 would have responded the way he did. In particular, the 6 Section 4 of the Employment Relations Act 2000. 7 Section 4(1A)(b). 8 This wording reflects s 103A as it was at the time of the events in question in this case. question must be whether it was appropriate to send Mr Taylor the letter M...

8. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   BLUE WATER HOTEL LIMITED v VBS NZEmpC WELLINGTON [2018] NZEmpC 128 [7 November 2018] IN THE EMPLOYMENT COURT WELLINGTON [2018] NZEmpC 128 EMPC 57/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN BLUE WATER HOTEL LIMITED Plaintiff AND VBS Defendant Hearing: 30 August 2018 (heard at Wellington) Court: Appearances: Chief Judge Christina Inglis Judge B A Cork...

9. [2012] NZEmpC 109 Shelby Park Ltd v Blackie [pdf, 186 KB]

   ...two week’s notice allegedly paid in lieu of notice, was not in fact paid. [76] The amount sought by Mr Blackie exceeds the three month’s ordinary time remuneration referred to in s 128(2) of the Act. It amounts to nearly 29 weeks. Section 128 provides: 128 Reimbursement (1) This section applies where the Authority or the court determines, in respect of an employee,- (a) that the employee has a personal grievance; and (b) that the employee has lost remuneration...

10. Appellate judgments 2011

    ...agreed to return to work and knew that return to work depended on different employment terms. [2011] NZCA 608 CA325/2011 Sam's Fukuyama Food Services Ltd v Zhang [PDF, 64 KB] Appeal allowed, 5 December 2011. Employment Court did not consider section 128 of Act which provides for discretion to increase remuneration for lost wages above 3 month minimum. Employment Court failed to properly exercise that discretion. Reimbursement of 26 weeks' wages substituted. [2011] NZCA 597 C...

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