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1. [2015] NZEmpC 122 Campbell v The Commissioner of Salford School [pdf, 631 KB]

   ...Board would have a negative effect on student progress and achievement outcomes, staff turnover, health and safety implications and personal grievances. He considered that there was an atmosphere where formal complaints were not being filed but were certainly warranted. As with the ERO report, the persons to whom he had spoken were not named. [19] The Board met on 20 September 2012 to discuss the recommendations which had been received from Mr Hay. It resolved that it wo...

2. Measuring reoffending with court data: proposed tier 1 specification [pdf, 750 KB]

   ...dates are often only approximate, and problems with offences not classified as proven or not within the timeframe allowed for analysis (because many years sometimes elapse between the offence date and charges being reported or discovered and laid/filed in court, eg for sexual offending). Furthermore, the current measure is being designed as part of a group of measures where Police already plan to handle earlier parts of the offending process through measuring apprehensions. Using Char...

3. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...Authority on 11 March 2011 2 on the basis of seven questions of law which had not previously been before either the Authority or the Court. The matter was accorded urgency by the Chief Judge and was heard over four days on the basis of the pleadings filed in the Authority which disclose the following. [4] The plaintiff claims that LSG has breached s 69I of the Act by refusing to accept him as its employee in the position he was employed in prior to the loss of the SQ contract....

4. [2012] NZEmpC 109 Shelby Park Ltd v Blackie [pdf, 186 KB]

   ...buttocks and said that nothing of the sort had happened. Constable Hewald’s evidence was that due to the nature and circumstances of the incident he formally warned Mr Knight for his actions and informed him that this incident was now on Police file. Mr Knight accepted that he was a bit reckless, apologised and confirmed that this type of thing would not happen again. [96] As he was leaving the farm, Mr Skinner approached Constable Hewald and he informed Mr Skinner of the Po...

5. EMPC Retirement of Judge Travis [pdf, 287 KB]

   VALEDICTORY SITTING TO MARK THE RETIREMENT OF HIS HONOUR JUDGE BS TRAVIS SPEECHES EMPLOYMENT COURT AUCKLAND COURTROOM 2.01 4 PM FRIDAY 3 MAY 2013 CHIEF JUDGE GRAEME COLGAN on behalf of the Employment Court Welcome to this special sitting of the Employment Court to acknowledge and celebrate the service, as a Judge of the Employment Court and the Labour Court, of his Honour Judge Barrie Stephen Travis. I am especially pleased

6. [2006] NZEmpC AC 52/06 Simpsons Farms Ltd v Aberhart [pdf, 143 KB]

   ...expressly of the judgment of the Court of Appeal in the NCR case, it awarded Mr Aberhart compensation for non-economic loss totalling $15,000 pursuant to s123(1)(c)(i) of the Employment Relations Act 2000. Mr Aberhart’s/SFL’s claims [3] Filed first in time, SFL’s challenge seeks to have the finding of unjustified dismissal set aside so that no remedies should be granted to Mr Aberhart. His cross challenge seeks to retain the finding of procedurally unjustified dismissal but...

7. Gay and Lesbian Clergy Anti-Discrimination Society v Bishop of Auckland [2013] NZHRRT 36 [pdf, 163 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF WITNESS (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 36 Reference No. HRRT 021/2012 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN THE GAY AND LESBIAN CLERGY ANTI- DISCRIMINATION SOCIETY INC PLAINTIFF AND THE BISHOP OF AUCKLAND DEFENDANT AT AUCKLAND BEFORE: Mr RP...

8. Gill v ACC [2015] NZACA 4 [pdf, 104 KB]

   ...do have jurisdiction since the reviewer did find that there was no entitlement under section 80(3), despite that finding being incidental to the decision. [79] The procedure adopted by the previous Authority, after the notice of appeal had been filed, was somewhat unusual. She heard the substantive appeal on 28 November 2013, at that hearing declining to grant an adjournment sought by counsel for Lisa in order to obtain further expert evidence. The then Authority also made observati...

9. Finn and Anor as Trustees of the Angela Poynter Trust v Chen [2011] NZWHT Auckland 40 [pdf, 261 KB]

   ...INTRODUCTION [1] The claimants are the owners of a leaky home at 48A Queenstown Road, Onehunga. They purchased it in late 2006 when it was approximately five years old. Shortly after moving in they experienced leaks and subsequently filed a claim with the Department of Building and Housing. The assessor recommended the house be fully reclad with a cavity. [2] The claimants are claiming the estimated costs of this work from Xu Dong Chen, the Auckland Council, Lu Zhe...

10. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 825 KB]

    ...recommendation without any need to provide supporting technical reports provided the application document enables interested parties "to understand the flJll nature of the proposod runway oxtension, including tile RESA'"; and (c) file monthly progress reports starting from 29 June 2018. 3 WIAL lodged its RESA recommendation on 30 April. 4. In summary WIAL has sought the Director General·s view as to the acceptability of 90 metre RESA remaining at the Airport in the...