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1. [2024] NZEmpC 247 Courage & Ors v Attorney-General & Ors and EMPC 85/2022 Pilgrim & Ors v Attorney-General & Ors [pdf, 235 KB]

   HOSEA COURAGE, DANIEL PILGRIM AND LEVI COURAGE v THE ATTORNEY-GENERAL SUED ON BEHALF OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT, LABOUR INSPECTORATE [2024] NZEmpC 247 [12 December 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 247 EMPC 363/2021 IN THE MATTER OF a declaration under s 6(5) of the Employment Relations Act 2000 AND IN THE MATTER of an application to strike out pa...

2. [2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 685 KB]

   A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v SAMRA HOLDINGS LIMITED T/A TE PUNA LIQUOR CENTRE [2022] NZEmpC 234 [15 December 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 234 EMPC 87/2020 EMPC 365/2020 IN THE MATTER OF an application for the exercise of powers under sections 142B, 142E, 142J, 142M, 142W and 142X of the Employment Relations Act 2000...

3. [2023] NZEmpC 89 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 787 KB]

   A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v PRISHA’S HOSPITALITY (2017) LIMITED TRADING AS ROYAL CAMBRIDGE INDIAN RESTAURANT [2023] NZEmpC 89 [16 June 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 89 EMPC 450/2019 IN THE MATTER OF minimum employment standards – applications for exercise of powers under Part 9A of the Employment Relations Act 200...

4. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...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...

5. [2016] NZCA 54 CA427/2015 Scarborough v Micron Security Products Limited [pdf, 149 KB]

   ...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...

6. [2016] NZCA 21 CA616/2015 Nisha v LSG Sky Chefs NZ Limited [pdf, 403 KB]

   ...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...

7. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   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:...

8. Grigorovich v Stapleton (Strike-Out Application) [2018] NZHRRT 44 [pdf, 234 KB]

   ...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...

9. DIJ v New Zealand Police [2024] NZHRRT 22 [pdf, 372 KB]

   ...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...

10. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

    ...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...