Search Results

1. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...of the employment relationship. It usually involves the employer's ability to trust and place confidence in the person. Serious misconduct may include, but is not limited to the following examples of behaviour … [37] As the Court of Appeal noted in BP Oil New Zealand Ltd v Northern Distribution Union, in relation to serious misconduct that would justify summary dismissal: 5 Definition is not possible, for it is always a matter of degree. Usually what is needed is cond...

2. LCRO 293-2014 KX v Area Standards committee X [pdf, 206 KB]

   ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 tha...

3. LCRO 113-2017 GN v IG [pdf, 265 KB]

   ...scope of review [67] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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 that...

4. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...two trusts and demonstrates the disruptions that have been caused by the prolonged litigation instigated due to the breach of fiduciary duties on the part of Rae Beverly Adlam. The current trustees of the Bath Trust have a judgment of the Court of Appeal revealing a total judgment against Rae Beverly Adlam in the sum of $12,780,111.75. With interest the debt now exceeds $17 million. [3] On 9 September 2016, I issued a judgment dismissing applications in relation to requests for th...

5. AQ v ZF LCRO 243/2012 (26 March 2014) [pdf, 138 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to 4 the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review. Role of the LCRO [18] The Act contemplates the Review Officer...

6. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...complaint, and then whether to take no further action or impose specific sanctions. Only the first step is complete prior to this present decision being issued. [26] This view is further supported by sections 81(1) of the Act, which set out the rights of appeal from a decision of the Tribunal. The relevant paragraphs are set out as follows: A person may appeal to a District Court against any of the following decisions: ... (c) A decision of the Tribunal to cancel or suspend the pers...

7. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...scope of review [42] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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 tha...

8. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...is entitled to be informed of the timeframe within which intended strike action will take place. The amendment assists in providing clarity and certainty. [26] Mr Goldstein, counsel for the Union, also made reference to a more recent Court of Appeal decision, the New Zealand Airline Pilots’ Assoc IUOW Inc v Air Nelson Ltd. 9 This judgment considered the requirement in s 90(3)(a) that a period of notice needed to be specified which was no less than 14 days in the case of an ess...

9. LCRO 152/2017 CS v GB (22 May 2018) [pdf, 248 KB]

   ...scope of review [41] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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 that...

10. [2015] NZEmpC 202 Higgs v Monro Ltd [pdf, 161 KB]

    ...of the issues involved; and 6 Lim v Meadow Mushrooms Ltd [2005] NZEmpC 192, (footnotes omitted).  the relief sought. (b) A non de novo hearing is accordingly in the nature of an appeal and the challenger/plaintiff is required to show that the Authority’s determination was wrong. (c) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in its...