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1. LCRO 95/2024 HC v RB (30 July 2025) [pdf, 428 KB]

   ...support person for the applicant. What is the nature and scope of the review? [51] The High Court has said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

2. [2007] NZEmpC CC 24A/07 Service and Food Workers Union v Alsco NZ [pdf, 69 KB]

   ...ss91(2)(b) and 83(b) of the Act. Arguable case for trial [22] The principal considerations affecting the lawfulness of the lockout notices in this case require a balancing of principles illustrated by two previous cases. First, as the Court of Appeal concluded in Secretary for Justice v NZ Public Service Association (Inc) [1990] 1 NZILR 347: … A situation may arise in which the formal notice reasonably appears to have been modified or partly superseded by some other communicat...

3. [2011] NZEmpC 135 NZ Amalgamated Engineering Printing and Manufacturing Union v Amcor Packaging [pdf, 111 KB]

   ...agreements [12] The leading authority on contract interpretation in this country is the decision of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd. 2 That decision related to the construction of a commercial contract but the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 3 made it clear that the principles of interpretation prescribed in Vector had equal application to employment agreements. 4 The court is requi...

4. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...Mitchell & Booker Palais de Danse Ltd6. The test depends upon whether the alleged employer had the right to control the person alleged to be the employee. Ms Holden correctly submitted that the control test has been diminished by the Court of Appeal’s decision in Cunningham v TNT Express Worldwide (NZ) Ltd7. Ms Swarbrick submitted that because the defendant was governed by set rosters for days and hours of work she was subject to control by the plaintiff. [34] I prefer...

5. [2010] NZEmpC 30 Minhinnick V NZ Steel Ltd [pdf, 53 KB]

   ...Nevertheless it has applicability in light of the issue which has been raised in respect of the expired warning. Judge Travis at para [49] of the decision stated as follows: [49] Further, the authorities cited by counsel, including Reid in the Court of Appeal, make it clear that the policy does not necessarily have to be followed to the letter. This flexibility in considering the actions of an employer which has failed to follow its own policy has been enhanced by the introduction...

6. [2010] NZEmpC 79 Silver Fern Farms Ltd v North [pdf, 50 KB]

   ...Act]. The personal grievance described by him in the 12 July 2006 letter concerns Mr North’s rehabilitation rights and the company’s rehabilitation obligations under the IPRC Act. The plaintiff submits that Mr North had rights of review or appeal about these matters under ss 6 and 68 of that legislation but chose not to exercise those rights except to the extent that he invoked the Corporation’s complaint procedure. Decision of challenge [30] The defendant submits that 14...

7. [2008] NZEmpC AC 4/08 NZ Airline Pilots Association Inc v Air New Zealand Ltd [pdf, 54 KB]

   ...Judgment: 19 March 2008 JUDGMENT OF THE FULL COURT Introduction [1] This case concerns the remedies accruing to members of the plaintiff as a result of its claim under the Holidays Act 2003. Having been considered by the Court of Appeal and the Supreme Court the case was remitted to the Employment Court. [2] The Employment Court had originally considered the matter as a full Court and issued its judgment on 9 March 2005 ([2005] ERNZ 180). The Judges who hav...

8. [2013] NZEmpC 18 Pathways Health Ltd v Moxon [pdf, 112 KB]

   ...rejected the offer and the costs of both parties had been wasted by going to trial. On this basis, costs might be awarded against such plaintiffs even though they had succeeded to an extent at trial. This principle has been endorsed by the Court of Appeal as particularly appropriate in employment litigation. 9 [19] In more recent times, this principle has been expanded so that offers to settle made by plaintiffs may be taken into account to increase an award of costs where the...

9. [2013] NZEmpC 34 Baker v St John Central Regional Trust Board [pdf, 102 KB]

   ...Baker was not obliged to accept work, as she accepted in evidence. Indeed from time to time she declined work even though she had previously indicated her availability. In Clark v Oxfordshire Health Authority 7 the English and Wales Court of Appeal held that a nurse, who had no obligation to accept hours offered (and likewise the employer had no obligation to offer work), was effectively a casual employee. The nurse had worked casual engagements for the Health Authority for over...

10. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

    ...etc.; (authorized) absence from work etc.; a period of such absence." 11 [31] The expression "unpaid leave" was considered by the Industrial Relations Court of South Australia in Flinders Ports Pty Ltd v Woolford, 12 which was an appeal from a decision of an Industrial Magistrate ordering the appellant to pay the respondent just over $5,000 for unpaid long service leave. The respondent was a casual port worker and there were gaps of as much as a fortnight, and up...