Search Results

1. [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...

2. Worker-Exploitation-in-NZ-Enforcement-and-Commentary-Paper.pdf [pdf, 313 KB]

   ...who exploited migrant workers” (22 August 2018) HRD <www.hcamag.com>. 47 Employment Relations Act 2000, ss 133–136. 48 Section 135(2). 49 Employment Relations Amendment Act 2016; see also Lawton v Steel Pencil Holdings Ltd [2021] NZEmpC 199, [2021] ERNZ 1164 at [30]–[33]. 50 Employment Relations Act, s 142A(1)(a). 51 Sections 142E and 142J. Page | 11 apply for a banning order to prevent a person from being an employer, being an officer of an employer,...

3. [2010] NZCA 563 CA500/2010 Melville v Air New Zealand Ltd [pdf, 37 KB]

   ...circumstances include– ... (b) where the employee made reasonable arrangements to have the grievance raised on his or her behalf by an agent of the employee, 1 Melville v Air New Zealand Ltd [2010] NZEmpC 87. 2 Section 114(3). 3 Section 114(4). 4 Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7 at [26]. and the agent unreasonably failed to ensure that the grievance was raised within the required time;...

4. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

   ...same, similar or related issues; in all the circumstances the case should be removed. 6 Section 178(3). The application must be in form 3. 7 See Practice Direction: Freezing and Search Orders, Chief Judge Colgan, April 2012. 8 H v A Ltd [2014] NZEmpC 92. 3 Consider alternatives – such as whether action in the District Court to enforce orders made in the Authority may be preferable to compliance proceedings in the Court. 9 Pleadings and timeframes The Employmen...

5. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...NZHRRT 17 at [3] to [14]. Further reference can be made to the Minute issued on 26 March 2015. [12] By subsequent email dated 8 April 2015 Ms Emerson properly drew attention to the decision in Gapuzan v Pratt & Whitney Air NZ Services [2015] NZEmpC 37 (26 March 2015). On one interpretation this decision might appear to support the contention that as the acts alleged against Mr Dixon-McIver occurred during the period of his bankruptcy, his joinder to these proceedings is statute bar...

6. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...ossify. At the same time, there has to be a sound basis for such awards, and there are very real conceptual and practical difficulties in establishing a spectrum as to where lines are to be drawn.” 11 Waikato District Health Board v Archibald [2017] NZEmpC 132 at [60]. 12 Marks v The Director of Health and Disability Proceedings [2009] NZCA 151. https://advance.lexis.com/api/document/collection/cases-nz/id/60M4-PHK1-F27X-64SS-00000-00?cite=Hong%20v%20Auckland%20Standards%20Committee%20...

7. Hammond v Credit Union Baywide [2015] NZHRRT 6 [pdf, 265 KB]

   ...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...

8. 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...