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1. [2009] NZEmpC WC 7/09 NZ Meat Workers Union v Silver Fern Farms [pdf, 48 KB]

   ...that case the purpose of the extra leave was consistent with the statutory purpose of annual holidays. In the present case the purpose of clause 10.4 is different from the statutory purpose. It is to recognise continuous service and it is not universal to all employees. [43] Clause 10.2 specifies the employees’ entitlement to annual holidays to be first 3 and then 4 weeks’ annual holidays. This provides the baseline for the additional holiday referred to in clause 10.4....

2. [2019] NZEmpC 87 Tourism Holdings Ltd v A Labour Inspector of MBIE [pdf, 393 KB]

   TOURISM HOLDINGS LIMITED v A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2019] NZEmpC 87 [26 July 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 87 EMPC 264/2018 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN TOURISM HOLDINGS LIMITED Plaintiff AND A LABOUR INSPECTOR OF THE MINISTRY OF BUSIN...

3. Preventing the prison pipeline Professor Ian Lambie report [pdf, 223 KB]

   ...Lambie, IJBPE, vol 9, issue 3, 2022 THE PRISON PIPELINE The prison pipeline: Why early intervention is the best solution Ian Lambie, Professor in Clinical Psychology at the University of Auckland, New Zealand Chief Science Adviser for the Justice Sector, New Zealand ‘This report puts forward the view that potentially the most effective way to reduce serious crime rates in the longer term – and hence to reduce the use of impris

4. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...Relations Act, sch 2 cl 12A. 16 George W Pring “SLAPPS: Strategic Lawsuits Against Public Participation” (1989) 7 Pace Envtl L Rev 3. 17 Lucille Reece “The Rise of the SLAPP: A Gap in New Zealand Law?” (LLB (Hons) Dissertation, Victoria University of Wellington, 2021). 18 As opposed to being included in the counterclaim against the employee. 19 There is no evidence that it was asked to do so. have been within its jurisdiction and within the class of determinati...

5. [2013] NZEmpC 157 Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 343 KB]

   ...low remuneration was “undoubtedly gendered.” That, the Report said, was because: 11 Care work is predominantly done by women, is seen as women’s work and has traditionally been unpaid work. [22] Des Gorman, Professor of Medicine at the University of Auckland and executive chair of the Health Workforce, is quoted as stating: 12 The pay parity issue is historical. It used to be that women would become nurses or teachers until they could find a good husband. Vocational h...

6. [2019] NZEmpC 115 A Labour Inspector v IT-Guys NZ Ltd [pdf, 294 KB]

   A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT v IT-GUYS NZ LIMITED [2019] NZEmpC 115 [2 September 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 115 EMPC 430/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT Plaintif...

7. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v Universal College of Learning High Court Palmerston North CIV2005- 485-802, 17 August 2005 at [48] Wild J held that the Tribunal has a wide discretionary power to strike out or to dismiss a proceeding brought before it and the exercise of t...

8. [2011] NZEmpC 45 Bachu v Davie Motors Ltd [pdf, 78 KB]

   ...would be made. [17] For these reasons I make an order for costs against Mr Bachu in respect of the proceedings before this Court. Pursuant to s 40(4) I make an order specifying that 3 Victoria University v Alton-Lee [2001] ERNZ 305, Binnie v Pacific Health [2002] 1 ERNZ 438 and Health Waikato v Elmsly [2004] 1 ERNZ 172. the order for costs which would have been made against Mr Bachu with respect to the proceedings if the sectio...

9. [2010] NZEmpC 3 Robinson v Capital and Coast District Health Board [pdf, 34 KB]

   ...with the requirements of the Holidays Act 2003 (the “Act”), that all employees, other than casuals, are entitled to “4 weeks annual leave, taken and paid in accordance with the Holidays Act 2003.” [5] Clauses 19.2 and 19.3 adjust that universal position for the circumstances of individual employer district health boards. Those clauses provide: 19.2 Where Collective Agreements that were in place prior to 30 June 2007 at individual DHB [sic] had annual leave (incorporating...

10. [2010] NZEmpC 24 Tian v Hollywood Bakery (Holdings) Ltd [pdf, 31 KB]

    ...agreement as to costs with the plaintiff but that such attempts have been unsuccessful. [2] The submissions of Mr Liu for the defendant, in support of the application for costs, refer to the three well known Court of Appeal decisions, Victoria University of Wellington v Alton-Lee1, Binnie v Pacific Health Ltd2 and Health Waikato Ltd v 1 [2001] ERNZ 305 (CA). Elmsly3. I accept that the appropriate starting point is two th...