Search Results

1. [2007] NZEmpC AC 17/07 Housham v Juken NZ Limited [pdf, 93 KB]

   ...that awards for such consequences will usually fall in a range up to about $27,0001, the consequences of his unjustified summary dismissal and the circumstances of it warrant a substantial but not excessive award. Taking account of the Court of Appeal’s guidelines in this area and, to the extent that this is possible, comparing Mr Housham’s suffering to that of other grievants, I assess that there should be an award of compensation under s123(1)(c)(i) of the Employment Relation...

2. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

   ...and investigation by the Employment Relations Authority. This is not a novel proposition: it has long been the approach of the courts illustrated by cases such as Sky Network Television Ltd v Duncan [1998] 1 ERNZ 354, followed in the Court of Appeal in Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917. [42] A further discretionary factor against the grant of injunctive relief is the apparent lack of consultation by the employer with either the employees or their union about...

3. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   ...bargaining; and (ii) communications or correspondence (between or on behalf of the parties before, during, or after negotiations) that relate to the bargaining [43] The leading case determining what is “bargaining” is the judgment of the Court of Appeal in Christchurch City Council v Southern Local Government Officers Union Inc.4 Although that case dealt with whether communications from an employer to employees represented by a union in collective bargaining amounted to the c...

4. [2007] NZEmpC AC 53/07 Hansells (NZ) Ltd v Ma [pdf, 91 KB]

   ...regarded as irrelevant for the purposes of interpreting it. That was because all that was said to matter was the intention of the parties at the time of entry into the contract and not later. There are now a number of dicta, including of the Court of Appeal, indicating that change to this former rule is close: A-G v Dreux Holdings Ltd (1996) 7 TCLR 617 (CA) and Raptorial Holdings Ltd (in Rec) v Elders Pastoral Holdings Ltd [2001] 1 NZLR 178; (2001) 7 NZBLC 103,219 (CA). [38] In the Spo...

5. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...defendant, the plaintiff was dismissed on 17 December 2002 and the test for justification in s103A of the Employment Relations Act, which came into force on 1 December 2004, does not apply. Consequently the test is that contained in the Court of Appeal’s judgment in W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448, 457. The issue for the Court is whether the defendant has, on the balance of probabilities, discharged the onus of showing that the decision to dismiss the plaintiff...

6. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...could ever constitute serious misconduct. Legal principles [16] The principles applicable to any assessment of economic loss and compensation under s 123 of the Act are now well established. They were conveniently summed up by the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang 3 in these terms: [24] We now deal briefly with the applicable principles. In Telecom New Zealand Ltd v Nutter, this Court approved the principle that compensation for lost remuneration...

7. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...then found: Mr Saad offered Mr McIvor 30 hours a week at the minimum wage but this was not acceptable to Mr McIvor. Mr McIvor refused the offer and handed Mr Saad a letter of resignation. [25] The Authority cited the judgment of the Court of Appeal on constructive dismissal in Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW. 2 That required the Authority to consider first whether the resignation was caused by a breach of duty on the...

8. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...convenience favours the making of the order sought; and (c) In considering all matters, the overall justice favours the making of the orders sought. [10] In the recent decision of NZ Tax Refunds Ltd v Brooks Homes Limited, the Court of Appeal confirmed the approach in these terms: 2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the...

9. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   ...effective remedies for violations of rights contrary to the Convention. Treaty settlements were not considered temporary measures. 22. Turning to immigration issues, she said that the Government continued to consider that it was preferable for the appeal and review procedures in the Immigration Act to be the primary means of resolving disputes about individual immigration decisions, rather than creating a parallel resolution process. Without the procedural bar, there was a risk that appli...

10. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

    ...to ensure that it followed the process set out in the contract. [50] It was submitted that WDL ought to have done more following the meeting to advocate for Mrs Hill’s position or, following advice of the final decision, taken steps to ‘appeal’ it on her behalf. The meeting concluded on the basis that Corrections had ten days to reach its decision. Mrs Hill had been given an opportunity to comment at the meeting and took no steps following the meeting to raise further mat...