Search Results

1. Stanimirovic v Levarko [2018] NZIACDT 25 (20 June 2018) [pdf, 143 KB]

   ...in the substantive decision Stanimirovic v Levarko [2018] NZIACDT 3, and an interim decision on sanctions issues in Stanimirovic v Levarko [2018] NZIACDT 8. Those decisions should be read with this decision. [2] The interim decision on sanctions requested that the Registrar clearly express her view on sanctions, particularly as she had moved from her initial position which would have resulted in at least the temporary exclusion of Mr Levarko from the profession. In addition, the Tri...

2. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...at Wellington) Appearances: B A Buckett, Counsel fo rthe Plaintiff Peter Churchman and Bridget Fleming, Counsel for the Defendant Judgment: 18 December 2007 JUDGMENT OF JUDGE C M SHAW Order for non-publication [1] At the joint request of counsel for the parties, there will be order prohibiting publication of the plaintiff’s medical details contained in witness statements and documents before the Court. This order extends to any references to the plaintiff’s me...

3. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

   ...against the possibility of Ms Chung returning. The parties could not reach an agreement as to the possibility of only Mr Kang returning. [8] Accordingly, Mr Kang pursued disadvantage and dismissal grievances against SCL, as well as other breach claims. Ms Chung elected not to do so as she did not want the associated stress which she thought such a process would involve. [9] Mr Kang’s claims came before the Employment Relations Authority. His personal grievances were dismiss...

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

   ...employer to do any work for hire or reward under a contract of service; and (b) includes— (i) a homeworker; or (ii) a person intending to work; but (c) excludes a volunteer who— (i) does not expect to be rewarded for work to be performed as a volunteer; and (ii) receives no reward for work performed as a volunteer. (2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Autho...

5. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...seek to disturb the Authority’s finding that he was unjustifiably dismissed and unjustifiably disadvantaged, or that the company breached its obligations of good faith to him; he does seek to disturb the Authority’s awards. In this regard he claims that the Authority erred in fact and law in its approach to the calculation of both pecuniary (lost wages) and non-pecuniary (compensation for emotional harm) loss, and submits that both awards ought to be set aside and increased awa...

6. [2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector [pdf, 240 KB]

   ...lived with Mr Shah while he was employed at Shah Enterprise’s convenience store and paid no rent. Shah Enterprise says he agreed to pay $250 as board but with payment deferred as he was a student and only working part-time. [8] There is no claim for wages for February 2018 to 22 May 2018, but the pay for that period is relevant to the calculations of board and holiday pay. [9] From 23 May 2018, Mr Maradiya was able to work full-time under the student visa until it expire...

7. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...misconduct, was found to be proven. The evidence showed that Mr Parsons should have operated a trust account in respect of money he received from his clients. The Tribunal was satisfied that there had been wilful and reckless breaches of the applicable statute and regulations. [8] The Investigation Charge, of unsatisfactory conduct, (amended from a charge of misconduct as noted) was found to be proven. The Tribunal was satisfied that on the evidence Mr Parsons had been less...

8. [2016] NZSSAA 080 (22 August 2016) [pdf, 144 KB]

   ...appellant in person Ms P Siueva for the Chief Executive of the Ministry of Social Development DECISION Introduction [1] The appellant appeals against a decision of the Chief Executive, upheld by a Benefits Review Committee, to decline his application for Temporary Additional Support made on 16 November 2015. [2] The appellant’s application was declined on the basis that the assessment carried out under the formula in the Social Security (Temporary Additional Support)...

9. Te Maari - Estate of Eileen Te Ataakua Kingi (2016) 356 Aotea MB 86 (356 AOT 86) [pdf, 262 KB]

   ...Kingī or Ataakura Kingī or Atakura Korau or Te Ataakura Korau or Eileen Kingī or Eileen Korau or Airini Korau or Airini (Eileen) Te Atakura or Airini Kingī BETWEEN RANGIORA TE MAARI Applicant Hearings: 349 Aotea MB 260-275 dated 8 March 2016 (Heard at Whanganui) Appearances: Rangiora Te Maari in person Judgment: 20 July 2016 JUDGMENT OF JUDGE L R HARVEY Introduction...

10. [2021] NZEmpC 187 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 278 KB]

    ...PUNA LIQUOR CENTRE [2021] NZEmpC 187 [2 November 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 187 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 AND IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MA...