Decisions of the courts and employment authority
We will develop more commentary soon
2010
2009
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Ideal Services Ltd v Dickson [Full Court (Chief Judge Colgan, Judges Travis & Couch) WC 17a/09, 11 December 2009] – Majority judgment that an “averaging” approach to payment of minimum wages is unlawful. (PDF 32KB)
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Clark v Board Of Trustees Of Dargaville High School [Chief Judge Colgan, AC 3B/09, 9 December 2009] – Costs (PDF 21KB)
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Masina v Waititi as the Commissioner of Te Kura Kaupapa Maori o Kokiri o Te Rahuitanga o Otara L Robinson, 14 Jul 2009 (AA 229/09) Personal Grievance - Dismissal - Incapacity [11 p] (Case.pdf)
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Idea Services Ltd v Dickson [Full Court
(Chief Judge Colgan, Judge Travis, Judge Couch) WC 17/09, 8 July 2009] - Whether sleepovers constitute work for the purposes of the Minimum Wage Act. (No longer available online)
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New Zealand Educational Institute (Inc) v Secretary for Education, Ministry of Education Hearing 21 May 2009, Wellington D Asher, 2 Jun 2009 (WA 76/09) Bargaining [8 p] (NZEI v MoE Support Staff Payments)
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Lewis v Howick College Board of Trustees [Chief Judge Colgan, AC 2A/09, 20 April 2009] – Application for adjournment and other directions. (No longer available online)
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Jenkinson v Board of Trustees of Bayview Primary School , Auckland J Wilson, 15 Jun 2009 (AA 52A/09); Whether costs should be met [4 p]
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Clark v The Board of Trustees, Dargaville High School [Chief Judge Colgan, AC 3/09, 17 February 2009] - Direction as to nature and extent of hearing following good faith report. (No longer available online)
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Lewis v Howick College Board of Trustees [Judge Travis, AC 2/09, 9 February 2009] - objection to disclosure and directions regarding witnesses. (No longer available online)
2008
McKean v The Board Of Trustees Of Wakaaranga School [Chief Judge Colgan, AC 38/08, 24 September 2008] - Costs (No longer available online)
The Board of Trustees of Te Kura Kaupapa Motuhake o Tawhiuau v Edmonds [Chief Judge Colgan, AC 14/08, 16 May 2008] - Whether personal grievance raised within statutory time period (No longer available online) Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08, 24 November 2008] – Protection of affected employees who are not vulnerable employees when a business is transferred (No longer available online)
Waikato DHB & ors v New Zealand PSA Inc [Full Court (Chief Judge Colgan, Judges Travis and Shaw), AC 6/08, 20 March 2008] - Ratification of settlements reached in collective bargaining (No longer available online)
2007
Secretary for Education and Ors v New Zealand Educational Institute Te Riu Roa (Inc) WN WC 30/07 [30 November 2007] (No longer available online)
Red Beach School BOT & Anor v NZEI (Inc) AK AC 13/07 [20 March 2007] (No longer available online)
McKean v Board of Trustees Wakaaranga School AK AC1/07 [26 January 2007] (No longer available online)
2006
Caccioppoli v Board of Trustees of Edmund Hillary School AK AC 46/06 [15 August 2006] whether trustee an employee - costs (No longer available online)
Caccippoli v Board of Trustees of Edmund Hillary School 7/12/04, Y S Oldfield (member), AA402/04 Elected and co-opted members of a school board of trustees, however, even though they may receive an honorarium, are not thereby employees of that board.