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  1. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

    C V AIR NELSON LIMITED NZEmpC AK [2011] NZEmpC 27 [29 March 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 27 ARC 7/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN C Plaintiff AND AIR NELSON LIMITED Defendant Hearing: 12-14 July and 25 August 2010 (Heard at Auckland) Counsel: John Haigh QC and Richard McCabe, counsel for plaintiff Christopher Toogood QC and Kevin Thompson, counsel for

  2. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

    ...Employment Relations Authority BETWEEN DAVID MITCHELL Plaintiff AND BLUE STAR PRINT GROUP (NZ) LTD Defendant Hearing: 3 and 4 November 2008 (Heard at Wellington) Appearances: David Mitchell in person C Heaton, Counsel for Defendant Judgment: 23 December 2008 JUDGMENT OF JUDGE C M SHAW Introduction [1] Mr Mitchell’s claim is that he was unjustifiably constructively dismissed by his employer Printlink (now known as Blue Star Print Group (NZ) Ltd) beca...

  3. [2012] NZEmpC 103 Progressive Meats Ltd v Pohio and others [pdf, 135 KB]

    ...AIRD, DAVID BLUE BROWN, SHANE STEPHENS, SONYA WALLACE AND RIKI HILTON Defendants Hearing: 11 June 2012 (Heard at Napier) Appearances: Tim Cleary, counsel for the plaintiff Simon Mitchell, counsel for the defendants' Judgment: 5 July 2012 JUDGMENT OF JUDGE A D FORD Introduction [1] The plaintiff, Progressive Meats Limited (Progressive), was described by its counsel, Mr Cleary, as a “toll processor for ovine and venison meat exports”. Unlike...

  4. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

    ...BETWEEN WATERFORD HOLDINGS LIMITED Plaintiff AND NATHAN MORUNGA Defendant Hearing: 29 June 2015 (heard at Nelson) Appearances: M Penny, advocate for the plaintiff No appearance for the defendant Judgment: 3 August 2015 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Mr Nathan Morunga was a herd manager employed by Waterford Holdings Limited (WHL). [2] As a result of animal cruelty issues coming to the attention of the...

  5. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

    ...TRUST NEW ZEALAND LTD Plaintiff AND LEE STEPHANIE HARRIS Defendant Hearing: 24-25 September 2013 (Heard at Auckland) Appearances: Emma Butcher, counsel for plaintiff Richard Harrison, counsel for defendant Judgment: 12 December 2013 REASONS FOR JUDGMENT OF JUDGE M E PERKINS The employment agreement [1] The defendant, Ms Lee Harris, was employed by the plaintiff, Asiaciti Trust New Zealand Limited (Asiaciti) between 13 June 2011...

  6. [2018] NZEmpC 83 Kaikorai Service Centre Ltd v First Union Inc [pdf, 904 KB]

    ...SERVICE CENTRE LIMITED Plaintiff AND FIRST UNION INCORPORATED Defendant Hearing: On the papers filed 20 & 25 June 2018 Appearances: T Oldfield, counsel for the plaintiff P Cranney, counsel for the defendant Judgment: 23 July 2018 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH DISCLOSURE [1] In these proceedings, a dispute has arisen over notices requiring disclosure. This dispute was to be dealt with at a he...

  7. UC v YW LCRO 165/2013 (30 November 2016) [pdf, 261 KB]

    ...[98] I am not persuaded by Mr YW’s argument that a firm conviction in the justness of one’s cause provides a total immunity to imposition of any disciplinary response. It is argument that allows for the restraints imposed by both professional judgement and professional obligation to be completely eroded by an overwhelming conviction in the justness of one’s cause. [99] I agree with the Committee however that the capacity for such ill-advised comments to materially compromise...

  8. [2019] NZEmpC 47 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 349 KB]

    ...Hercus, counsel for defendant G Pollak, counsel for E Tū Incorporated as intervener P Cranney and A Kent, counsel for New Zealand Council of Trade Unions as intervener P Kiely and S Worthy, counsel for Business New Zealand as intervener Judgment: 2 May 2019 JUDGMENT OF THE FULL COURT Introduction [1] Delivery agents deliver mail to households and businesses throughout New Zealand. They are employed under a collective agreement, the operative one being t...

  9. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

    ...STEEDMAN, RHONDA TOA TOA, RUKA WAAPU AND SHERYLE ALLEN AS TRUSTEES OF TE KOAU A Respondents Hearings: 3 October 2018, 72 Tākitimu MB 191-210 (Heard at Hastings) Appearances: W Karena in person A Sykes for the respondents Judgment: 21 June 2019 JUDGMENT OF JUDGE L R HARVEY Copies to: W Karena, 12/17 Swansea Road Flaxmere, Hastings, werokarena@hotmail.com A Sykes, Annette Sykes & Co, 8...

  10. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [pdf, 418 KB]

    ...AND FIRST UNION INCORPORATED Defendant Hearing: 31 July – 2 August 2018 (Heard at Christchurch) Appearances: P Swarbrick and T Oldfield, counsel for plaintiff P Cranney and O Christeller, counsel for defendant Judgment: 20 December 2018 JUDGMENT OF JUDGE K G SMITH [1] In November 2015 First Union Inc initiated bargaining for a collective agreement with Kaikorai Service Centre Ltd, which trades as Pak’nSave Invercargill. [2] A...