Search Results

1. [2011] NZEmpC 56 Sealord Group Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 81 KB]

   ...employees to three weeks’ paid annual holidays. At the same time, it provided for an increase to four weeks’ paid annual holidays to be effective from 1 April 2007. [2] Most employment agreements provide explicitly for annual holidays and other forms of paid leave for employees. In many cases, agreements which were in force both before and after the change in statutory entitlement to annual holidays which occurred in April 2007 did not clearly provide for the effect of that ch...

2. [2011] NZEmpC 59 Costley v Waimea Nurseries Ltd [pdf, 80 KB]

   ...extension of time, this element cannot be decisive in itself otherwise leave would never be granted. [22] For these reasons I am persuaded that it is in the interests of justice in the present case that leave should be granted and I so order. As requested by the plaintiff, the challenge shall proceed by way of a de novo hearing. The plaintiff’s draft statement of claim will, when the filing fee is paid, become the operative statement of claim. From notification of payment of...

3. [2011] NZEmpC 62 Greymouth Dental Centre v Bowkett [pdf, 80 KB]

   ...the “more ... steely” 10 approach that the Court of Appeal in the Elmsly case had required and awarded $6,000. [14] Mr Henderson submitted that the defendant’s claim had initially included reimbursement for lost wages and, in spite of requests, no particulars were provided. The day before the hearing this claim was abandoned. Further, the defendant had initially named the plaintiff’s director as the respondent in the Authority and this had

4. [2010] NZEmpC 112 Pacific Blue Employment & Crewing Ltd v B [pdf, 34 KB]

   ...permanent reinstatement. That claim is now before the Employment Relations Authority. The defendant also sought interim reinstatement which the Authority granted in a determination dated 26 July 2010.1 Interim reinstatement was granted in the form of “garden leave” meaning that the plaintiff 1 CA 148/10 was obliged to employ and pay the defendant but was not obliged to offer him work. The plaintiff challenges that d...

5. [2010] NZEmpC 114 Comptroller of Customs v Smith and anor [pdf, 33 KB]

   ...plaintiff seeks a stay of the Authority’s orders. This judgment addresses that application for stay. [4] At the outset, the parties jointly sought a continuation of the order for non- publication which was made by the Authority. I acceded to that request. There will therefore be a further interim order prohibiting publication of any information likely to identify Officer X or Officer Z. There will also be an order prohibiting publication of the evidence of Mr Good and Mr Lake...

6. [2010] NZEMPC 51 How v Campin & Campin T A Chequers Stud [pdf, 32 KB]

   ...[2] A Labour Inspector carried out an investigation of the matter including whether wage and time records had been adequately maintained by the defendants. The Labour Inspector was not provided with wage and time records despite his request of the defendants and therefore he proceeded with his opinion based on documentation and information provided by Mr How through his then solicitor. In a written opinion dated 19 June 2008 he concluded that the defendants breached minim...

7. [2012] NZEmpC 60 Mayne v Polychem Marketing Ltd [pdf, 105 KB]

   ...even if the plaintiff was once its employee, he ceased to have that status at the latest by 31 December 1990 or perhaps 1 [2011] NZERA Auckland 360. even as long ago as 1986 when he ceased to perform any duties for the defendant. In these circumstances, the defendant says that there was no employment agreement or contract between the parties immediately before the Employment Relations Act 2000 (the Act) came into effect. It foll...

8. [2012] NZEmpC 127 Hutton and Others v Provenco Cadmus Ltd (in receivership) [pdf, 76 KB]

   ...Ltd (PCL) and the second defendant Provenco Payments Ltd (PPL) having regard to the real nature of the relationship (pursuant to s 6 of the Employment Relations Act 2000). The sole issue in these proceedings is the identity of the plaintiffs’ former employer prior to receivership. 1 [2011] NZERA Auckland 482. [2] A statement of defence was filed on 27 January 2012. The defendants contend that the plaintiffs were solely employed b...

9. [2009] NZEmpC AC 37/09 Real Cool Ltd v Gunfield [pdf, 31 KB]

   ...until early June 2007 when she resigned, had been Real Cool’s administration manager responsible for Ms Gunfield’s employment with Real Cool and to whom Ms Gunfield reported for a short time. Despite the assertion of Grant Harford who was formerly and at relevant times the Chief Executive Officer of CSN, I conclude that Ms Maxwell was an employee by CSN and was authorised by that company to act for it in preparation for its takeover of the Real Cool and Versacold businesses in...

10. [2009] NZEmpC AC 12/09 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 32 KB]

    ...Spotless relating to the lockout. Finally, and because of the outcomes of Spotless’s appeal, the Court of Appeal directed that the claims for wages must be re-heard and re- determined in light of guidance provided by it on these questions at the request of the parties. [5] The union has now abandoned formally its proceedings against Spotless in ARC 39/07. These were the original claims to prohibit by injunction the purported lockouts of union members in mid-2007. There are no...