Search Results

1. [2009] NZEmpC WC 26/09 Parker v Silver Fern Farms Ltd [pdf, 47 KB]

   ...February 2009 (WA 12/09). Although it accepts that the applicant may have disagreed strongly with the Authority’s determination and taken steps after it was issued to have it challenged, he did not either notify the respondent or lodge a pro forma challenge with the Court within time as he could easily have done. [10] The respondent relies on the reasoning in a judgment of this Court, An Employee v An Employer1. In that case the applicant took no steps after receiving the Auth...

2. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   ...and November 2008, the defendant (Air New Zealand) overpaid Mr Foai, who was then on its payroll, a total of $70,428.04. The company now seeks to recover the nett amount of the overpayment which equates to $42,635.40. It was successful in its claim before the Employment Relations Authority (the Authority) and Mr Foai has challenged that particular determination. Mr Foai does not, at this point in time, dispute the overpayment but he maintains that he received his wages in good fa...

3. [2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs [pdf, 67 KB]

   ...there was only the one set of proceedings and submissions for both defendants, for costs purposes, the case should properly be viewed as one. [4] The defendants had sought interim reinstatement pending an investigation by the Authority into their claim that they had been unjustifiably dismissed from their employment with the plaintiff. The investigation is scheduled to commence on 19 February 2016. In its determination (the Authority had ordered interim reinstatement under "w...

4. [2011] NZEmpC 51 Health and Body Clinic Ltd Ors v Zhao [pdf, 118 KB]

   ...the statement of claim that the Employment Relations Authority has attempted to force him and his wife to make good on payments from the company accounts after being advised months prior that the business had closed and had no funds. 8. I informed Mr Arnesen that I would reserve my decision on the matter as I wished to check a point relating to the Authority’s jurisdiction and that I would issue a judgment next week. Having now heard the submissions from Mr Arnesen I have revi...

5. [2013] NZEmpC 142 Air NZ Ltd v Kerr [pdf, 52 KB]

   ...EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 142 ARC 38/13 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER of an application for disclosure and leave to file an amended statement of claim BETWEEN AIR NEW ZEALAND LIMITED Plaintiff AND GRANT KERR Defendant Hearing: (by way of telephone directions conference held on 29 July 2013 at 11.00 am) Appearances: Christie Hall, counsel for...

6. [2013] NZEmpC 216 Narayan v Telecom NZ Ltd [pdf, 54 KB]

   ...September 2013, by telephone directions conference, Mr Narayan indicated that he intended to also challenge the Authority’s costs determination, which had recently been issued. Accordingly, I set a timetable for the filing of an amended statement of claim and the filing of an amended statement of defence. In addition, a timetable was set for the preparation, exchanging and filing of a bundle of agreed documents. 1 [2013] NZERA A...

7. AGR v ZTX Ltd [2013] NZDT 309 (2 September 2013) [pdf, 80 KB]

   ...that the car would require re-certification as its registration had lapsed in 1997. XY stated that at the completion of the restoration it would be like a new car, repaired, painted and undersealed. [2] The work carried out protracted and XY requested more money than had been agreed upon to complete the work. Over the course of 14 months AGR paid a total of $25,000 to XY at ZTX Ltd. On 1 July 2012 AGR collected the car which had been repaired and repainted. XY assured AGR that th...

8. [2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]

   ...personal grievance justification test under s 103A of the Employment Relations Act 2000, as it applied before that date, was used by the Authority. This case being a challenge to its determination (albeit now directed to be heard de novo), that former section applies. In shorthand, this is what is known as the “would” test version of s 103A. Relevant facts [5] Mr Rittson-Thomas owns a Hawke’s Bay farm known as Totara Hills Farm. This operates as two separate units althoug...

9. [2009] NZEmpC AC 35/09 Hamon v Coromandel Independent Living Trust [pdf, 14 KB]

   ...her advocate) obstructed rather than facilitated its investigation. This conclusion was based on difficulties the Authority had in getting produced a USB drive and a tape recording of a meeting which it concluded were not given to it in usable form. The Authority appears to have attributed to Ms Hamon’s advocate a high standard of responsibility in relation to evidence because of his former occupations of solicitor and police officer. [5] Ms Hamon has elected to challenge the A...

10. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

    ...challenge to a determination of the Employment Relations Authority about strike action, include: • whether employees should be paid as originally rostered after a strike was called off; • whether replacement labour was lawfully engaged to perform the work of striking employees; and • whether direct employer communications to employees breached obligations of good faith during bargaining. The causes of action and the Authority’s determination [2] The first ca...