Search Results

1. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...accordance with ASNZ Standards. There are also minimal levels for positive tests for other drugs. Confirmation testing can occur/be requested. • Information gathered as a result of testing will be disclosed to the employer and/or held on file and subject to specified disclosure and retention rules. • After an accident/reasonable cause test, an employee will be stood down on full pay until test results are ascertained. • A negative test will result in no further action be...

2. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...requested the Court to find that he had been unjustifiably dismissed, and that he was entitled to remuneration for lost wages, distress compensation as well as a penalty. [37] Having regard to the parties’ pleadings, the statement of issues filed by counsel and the submissions, I identify the following issues for resolution: a) Was the dismissal justified according to the test of justification in s 103A of the Act on procedural and/or substantive grounds? b) If Mr Marr...

3. [2013] NZEmpC 202 Hallwright v Forsyth Barr Ltd [pdf, 236 KB]

   ...under the adversarial system. It is not, however, absolute. Nor does it need to be slavishly followed where the witness is perfectly aware if his or her evidence is not accepted on a particular point. [8] In the present case briefs of evidence were filed in advance of the hearing, with leave for the plaintiff to give any evidence orally in reply at the hearing. Mr Paviour-Smith specifically disputed Mr Hallwright’s version of events in his brief of evidence and the plaintiff gave...

4. Malik v Auckland Council [2011] NZWHT Auckland 7 [pdf, 313 KB]

   ...[31] Mr and Mrs Malik said in evidence that as a consequence of the stress of the leaky home they elected to move cities. They vacated the Auckland home in early December 2009 and moved to the Hawkes Bay. [32] Mr Malik said that after filing the application for adjudication, he attempted settlement negotiations with Auckland Council but without success. Page | 12 Respondents not proceeded against Sixth Respondent [33] At a witness summons hearing o...

5. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

   ...of call-out). 16 At [79]. 17 At [13]. 18 At [89]. [58] Then an amended statement of claim was filed on 10 July 2017. It altered the description of the expectation, stating that at all material times ATs were to “remain within 10 minutes driving time of Timaru Hospital in a fit state to perform their position”. [59] Those who...

6. Waal v Accident Compensation Corporation [2016] NZACA 05 [pdf, 291 KB]

   ...[101] Dr Chris Beer (16 June 2014) noted that there had been significant post- operation infections in the early records. He discussed with Mr de Waal how severe inflammation might have affected him. CASE ON APPEAL [102] Mr de Waal originally filed this appeal in the District Court, but it was transferred to the Authority on 26 August 2015. [103] Counsel filed a joint memorandum on 9 December 2015 agreeing that the question of incapacity was within the scope of the appeal. Co...

7. Tackling money laundering and terrorist financing consultation [pdf, 321 KB]

   ...their industry bodies. In general, however, these standards differ in nature to those required under the Act. 1 NZ Police Financial Intelligence Unit National Risk Assessment on Money Laundering (2010). See http://www.police.govt.nz/sites/default/files/publications/fiu-nra-2010-primary-document.pdf 2 See Appendix 2 to find out more about the FATF recommendations. 9 Proposed changes to enhance the current AML/CFT regime With the...

8. 2015 to 2019 Ministry of Justice statement of intent [pdf, 952 KB]

   ...teams, ensure our services are designed to meet customer expectations, and take a cross- jurisdictional approach to ensure the quality of our services is consistent. Modernising court services will involve improving our processes relating to online filing, case file accessibility, case progression, and case management. We will continue to expand the use of audio-visual technology to support a wider range of matters being dealt with remotely. Key to these changes will be progressing the Ju...

9. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

   ...pay or that it is liable for any unpaid holiday pay. It says that if it wrongly calculated holiday pay its liability is limited by s 142 of the Employment Relations Act 2000 (the Act) to any sum owing over the six years before this proceeding was filed in the Employment Relations Authority. [5] Ms Schollum and Mr Hastings issued proceedings in the Authority as did several other employees of Corporate Consumables. Ms Schollum and Mr Hastings successfully applied to the Authority t...

10. 2021-03-24 OWRUG - DOC v ORC (C28-2002) [pdf, 1.2 MB]

    ...they have suggested for insertion. We direct that the Regional Council prepare and file a draft order setting out the actual 15 provisions to be incorporated within the water plan. This should be circulated to other parties within twenty days and filed with this Court within a further twenty working days. If the parties are unable to agree we direct that any comment be filed ten working days thereafter and final reply (if any) by the Regional Council 5 working days thereafter. If the partie...