Search Results

1. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...AA251A/10, 14 October 2010. if so, whether the award of reimbursement for lost income should be reduced because of any failure by Mr Samoa to mitigate his loss. [2] Although the Authority, and the parties in their presentation of their cases on appeal, addressed as the essential question whether casual employment had mutated to ongoing employment, I consider the preferable approach is to consider that as a subsidiary of the fundamental question whether Mr Samoa was dismissed. Th...

2. [2011] NZEmpC 168 The Postal Workers Union of Aotearoa v NZ Post Ltd [pdf, 115 KB]

   ...The natural and ordinary meaning should not lead to a conclusion that flouts business common sense. [11] Although Vector related to the interpretation of a commercial agreement, McGrath J’s summary was regarded as helpful by the Court of Appeal in Silver Fern Farms v New Zealand Meat Workers etc Trade Unions 7 (an appeal involving the interpretation of a collective employment agreement). [12] As Tipping J observed in Vector: 8 The ultimate objective in a contract interp...

3. [2012] NZEmpC 187 Kilgour v Queens High School Board of Trustees [pdf, 133 KB]

   ...she referred me to a determination of the Authority in which such a conclusion had been reached. 3 In that determination, the member properly identified the leading authority on the point, Commissioner of Police v Hawkins 4 where the Court of Appeal said that, in considering whether an employer has impliedly consented to a personal grievance being raised out of time, the real issue is “… whether [the employer] so conducted himself that he can reasonably be considered to have...

4. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...is clear. In terms of Vector Gas Ltd v Bay of Plenty Energy Ltd, 7 the Court is required to apply a principled approach to the interpretation of employment agreements and any dispute as to meaning must be determined objectively. The Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc, 8 affirmed that the decision of the Supreme Court in Vector Gas, although applying to the construction of a commercial agreement, was applicable to the...

5. [2015] NZEmpC 120 G L Freeman Holdings Ltd v Livingston [pdf, 113 KB]

   ...provided that four weeks’ notice of termination should be given and that "…failure to give the proper notice and work it will result in a deduction from your final payment equivalent to the number of days short."10 [26] The Employment Appeal Tribunal agreed with this assessment, noting that: The employee, a truck driver, left without providing any notice and, relying on the agreement, the employer withheld the equivalent of four weeks' pay. At first instance, the...

6. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...background to the events that should be compensated for. [26] I do not read the judgment as authority for the proposition that pre-90-day events morph into in-time grievances simply because they form part of the background context. As the Court of Appeal observed in Waikato District Health Board v Clear, there can be no separate liability on an employer based on out of time actions or events. 7 The point was also emphasised in Coy v Commissioner of Police where it was held that:...

7. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

   ...Kaeo Station was undermined by two supervisory officers which he said led to his declining the defendant’s proposal to do so. His letter appears to also complain about the consequence of the Authority’s determination, that he was considering appealing (challenging) that determination, and that he declined to pay a contribution to the Commissioner’s costs. [21] On 30 July 2010 Mr Davis wrote to Ms Pascoe, saying that the defendant had given him the option of either moving away...

8. Shi v REAA (reserved decision) [2013] NZREADT 2 [pdf, 62 KB]

   ...salesperson. We must apply the standards and criteria set out in the Act and the applicant does not 11 meet those. We have endeavoured to stand back and absorb and consider the facts of this case in the round. [46] Accordingly, her appeal is hereby dismissed. [47] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F...

9. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

   ...accept that there is considerable force to the views expressed by Mr Nevill, a very experienced and highly regarded assessor. There is also support for those views in the general findings of the Hunn report and the jurisprudence of the Court of Appeal in the Sunset Terraces litigation.1 [23] I also note that in 1996, the BRANZ Good Stucco Practice Guide referred to “stucco failures” in the following manner;- “2.3 Stucco Failures” “2.3.1 Unfortunately, failures...

10. TN v LR LCRO 42/2013 (14 April 2016) [pdf, 77 KB]

    ...Winkelmann J provided helpful guidance on the nature and scope of an LCRO review. She described the review framework in the Act as creating “a very particular statutory process”.2 [27] Her Honour noted that the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reachi...