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...Labour has very recently announced her intention of introducing amending legislation including the revocation 8 However, for a recent successful application for a penalty see Strachan v Moodie [2012] NZEmpC 95. 7 of s 33 and its replacement by a process whereby the Employment Relations Authority can declare an end to collective bargaining. “We don’t have enough money to meet your wage demands …” This has been a not unc...
...challenge hearing (item (f) above); 2 Scarborough v Micron Security Products Ltd ARC61/14, 8 August 2014 (Minute of Chief Judge Colgan). 3 Scarborough v Micron Security Products Ltd [2014] NZEmpC 183. 4 Scarborough v Micron Security Products Ltd [2014] NZEmpC 216. 5 Scarborough v Micron Security Products Ltd [2015] NZEmpC 39. 6 Scarborough v Micron Security Products Ltd [2015] NZEmpC 69. 7 Scarborough v Micron Securi...
...outlining the essential factual findings of the Judge with which Ms Nisha is stuck: 1 Alim v LSG Sky Chefs New Zealand Ltd [2013] NZERA Auckland 472. 2 Nisha v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 171. 3 New Zealand Employers Federation Inc v National Union of Public Employees [2001] ERNZ 212 (CA). 4 At [27]. (a) At the time of Ms Nisha’s “promotion” to supervisor there was no evidence of any vacancy...
KIWIRAIL LIMITED v RAIL AND MARITIME TRANSPORT UNION INCORPORATED [2024] NZEmpC 56 [27 March 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2024] NZEmpC 56 EMPC 265/2022 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KIWIRAIL LIMITED Plaintiff AND RAIL AND MARITIME TRANSPORT UNION INCORPORATED Defendant Hearing:...
...concerning the circumstances of the termination of his employment with Babbage, Mr Grigorovich “applied” to the ERA for the resolution of the grievance in terms of s 79A of the HRA. In Wang v Hamilton Multicultural Services Trust 920090 [2010] NZEmpC 142, (2011) 9 NZELR 404, applying to the ERA was described by the Employment Court, in the context of the choice of procedures, as a “point of irrevocability”. [22] The withdrawal by Mr Grigorovich of his application to the ERA has...
...unusual step of allowing recovery of legal costs arising before proceeding being issued. Accordingly we order that Police pay the plaintiff’s claimed pecuniary losses in the amount of $4,560.33. 26 Butler v Ohope Chartered Club Inc [2021] NZEmpC 80; (2021) 18 NZELR 186 at [39]. 27 NOP v Chief Executive, Ministry of Business, Innovation and Employment [2014] NZHRRT 16 at [25]. https://advance.lexis.com/api/document/collection/cases-nz/id/6580-9RK1-JBM1-M0PT-00000-00?cite=Butler%20v...
...professional conduct. The former is essentially a compensatory process premised on rules of evidence and reasonably strict principles of causation 14 GFW Agri-Products Ltd v Gibson [1995] 2 ERNZ 323 (CA). 15 Farmer Motor Group Ltd v McKenzie [2017] NZEmpC 98. 16 Ioan v Scott Technology NZ Ltd [2019] NZCA 386. 27 and measure of loss. The latter is a disciplinary process to fulfil the statutory purposes of maintaining confidence in the provision of legal services, protecting consu...
...straightforward process. The facts do not call for observations to be made about the application of those principles in the context of social networking sites. Contrast Senior v Police [2013] NZFLR 356 (HC) and Hook v Stream Group (NZ) Pty Ltd [2013] NZEmpC 188 at [29] to [37]. A further point to be made is that the manner in which the case has been framed by the parties has made it unnecessary for the Tribunal to consider the possible application of the New Zealand Bill of Rights Act...