Search Results

1. [2011] NZEmpC 61 Tatua Co-Op Dairy Co Ltd v NZ Dairy Workers Union [pdf, 141 KB]

   ...holidays provided for in clause 17.1 shall be on ordinary pay as defined by the Holidays Act 2003 and its amendments, and may be taken in one or more periods and at such time or times as may be agreed by the employer and the worker 17.2.1 At the request of the worker, the employer and the worker may agree to the payment of long service leave owing in lieu of taking the leave, payment to be at the rate set out in Clause 17.2. Such agreement shall be in writing and signed by th...

2. [2011] NZEmpC 149 NZPFFU ors v NZ Fire Service Commission [pdf, 158 KB]

   ...defendant Judgment: 21 November 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] The parties are in dispute over the interpretation of a particular clause in the New Zealand Professional Firefighters‟ Union Collective Agreement for Uniformed and Communications Centre Employees 2009 – 2010 (the collective agreement). The clause provides for an on-call roster in relation to a category of employee in the Fire Service known as Fire Risk Management Officers, sometimes r...

3. [2010] NZEmpC 90 NZ Fire Service Commission v Warner & Ors [pdf, 60 KB]

   ...subject of mistake by the employer. The allowances allegedly overpaid were paid to employees together with other salary and allowance payments in return for the performance by them of their work as fire fighters. The employer has taken up its requests or demands for repayment of overpaid allowances with the employees through their union which has taken up the cudgels on their behalf in resisting repayment. [39] The plaintiff’s action, being its proceeding in the Employment Rel...

4. [2010] NZEmpC 140 Weston v Advkit Para Legal Services Ltd [pdf, 49 KB]

   ...into the corner of the hall where she fell over a telephone stand and chair and hit her head against the wall. This was accompanied by further abuse. Mrs Dixon-McIver, who saw that attack, ordered Kirk out of the house but let him back in on his request. Kirk then assaulted Mrs Weston for a third time. He was then ordered to leave the house a second time by Mrs Dixon-McIver who tried to help Mrs Weston to her feet. When Kirk was allowed back into the house again he at...

5. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   ...accordance with the “attached Memorandum of Attendances” which might detail the costs now being claimed but that these had not been supplied. [33] Turning to his financial hardship, the defendant noted that no additional information was requested by the Authority, that its determination had correctly set out the principles governing costs and that the plaintiff now was seeking to have those principles set aside. He also observed that the plaintiff had accepted the Authority...

6. [2006] NZEmpC AC 44/06 Spotless Services (NZ) Ltd v Service and Food Workers Union Inc [pdf, 71 KB]

   ...provide a meal voucher that will provide the employee with a main meal, 2 vegetables and a dessert, redeemable at the Aviary Café, Middlemore Hospital. 5. PENAL PAYMENTS FOR WEEKEND AND NIGHT WORK 5.1 An employee who is required to perform ordinary hours of work on a Saturday or Sunday shall, in addition to the weekly wage, receive the following penal payments: (i) For work between midnight Friday and midday Saturday – half ordinary time rate extra (T1/2) for the...

7. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...plaintiff’s solicitors should not continue to act for him and for Pacific. 4 [4] LSG also made allegations that the figures supplied to it on the transfer of Mr Matsuoka, quantifying his entitlements and previous salary, were incorrect and should not form the basis of his claim for remedies. These issues also arose in the High Court proceedings as my interlocutory judgment sets out. I note that the grounds of defence raised by LSG for further consideration, which involved these...

8. [2013] NZEmpC 30 Looker v AG Walter & Sons Ltd [pdf, 119 KB]

   ...[14] On 15 November Mr Paewai responded, referring to Maori tikanga relating to the passing of whanau members but did not provide the details that Mr Upton contended ought to have been provided. Mr Paewai suggested that such details as were requested were obtainable, if required, after the grieving period. [15] By a minute on 15 November I granted the extension sought on the assumption that there had been a bereavement which required Mr Paewai’s attendance and there was no ev...

9. Gibbs-Smith - Te Tii (Waitangi) A Māori Reservation (2015) 104 Taitokerau MB 193 (104 TTK 193) - (PDF, 225 KB) [pdf, 224 KB]

   ...13. Constant threats to injunct trustees re: supposed illegal practices thus disrupting new trustees from completing proper and adequate meetings; 14. Pleading lack of access to old office; and 15. Demanding payment of wages with no accompanied information. [4] The material filed on 27 April expanded on those concerns and also raised issues regarding the outcome of the trustee meeting of 18 April 2015 where Ms Gibbs-Smith was replaced as chairperson and where other executive positio...

10. The Māori Trustee v O'Rorke - Pukekohatu 7B (2014) 329 Aotea MB 79 (329 AOT 79) [pdf, 308 KB]

    ...owners and raised a number of issues, identifying a history of competing uses of the land. [8] The applications were initially dealt with by Judge Spencer who, in a minute dated 6 May 2003, recorded an agreement between the owners concerning the formalisation of areas of occupation for both Mr O’Rorke and the Māori owners. 7 Both parties initially supported this proposal, which included an agreement to establish an ahu whenua trust to administer the portion of the block desig...