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1. [2007] NZEmpC AC 12/07 CE of Unitec Institute of Technology v Henderson [pdf, 105 KB]

   ...Auckland) Appearances: Emma Butcher, Counsel for Plaintiff Christopher Patterson, Counsel, and Colin Ross, Advocate for Defendant Judgment: 19 March 2007 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues for decision in this challenge (appeal) by hearing de novo from a determination of the Employment Relations Authority are: • whether Kathleen Henderson’s summary dismissal from her position as a senior lecturer at Unitec Institute of Technology (“Unitec”) was...

2. [2006] NZEmpC WC 15/06 OCS Ltd v Food Workers Union Inc [pdf, 108 KB]

   ...to be enrolled and scanned for the Panztel, OCS should have sought resolution of the dispute before issuing the instructions. In Sky Network Television Ltd v Duncan2 in the context of a personal grievance for unjustified dismissal the Court of Appeal found that the legal position between the employer and the employee was not clear cut and the dispute “cried out for an attempt at resolution”. 1 Wellington Clerical Workers IUOW v Col...

3. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [pdf, 202 KB]

   ...subject of definition in case law. Ironically, perhaps, one of the most recent cases to confirm when a grievance has been raised is another police case, Creedy v Commissioner of Police [2006] 1 ERNZ 517. This issue is not one affected by subsequent appeals in that case. [13] In Creedy at paragraph [35], the Court confirmed previous interpretations to the effect that a grievance is raised with an employer as soon as the employee has made, or has taken reasonable steps to make, the...

4. CAC20006 v Spencer [2013] NZREADT 8 [pdf, 95 KB]

   ...10063 v Jenner Real Estate Ltd [2012] NZREADT 68. There, we followed our earlier decision in Cooke v CAC 10031 [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such mi...

5. Lochead-MacMillan v AMI Insurance [2012] NZHRRT 5 [pdf, 109 KB]

   ...purpose for which they are brought into being is for use in existing or contemplated litigation. In the case of contemplated litigation, legal proceedings must be a definite prospect rather than a vague possibility. The test adopted by the Court of Appeal is whether litigation is reasonably apprehended at the time the document comes into existence; this will be a question of fact in each case. [citations omitted] [28] The Court of Appeal decision referred to at the end of this passage i...

6. Auckland Standards Committee 1 v Hart [2012] NZLCDT 26 [pdf, 177 KB]

   ...of the instances he had in fact been paid but had overlooked paying the expert. [30] Furthermore, in relation to Charge 1, Mr King pointed out that the two findings of unsatisfactory conduct which are identical to this finding are the subject of appeal to the LCRO and it was submitted they should not be taken into account. They are of course findings which currently stand until reversed by the LCRO. We do not consider we are precluded from taking account of them and the pattern wh...

7. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...scope of review [19] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

8. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...scope of review [31] 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...

9. LCRO 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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. LCRO 174/2013 ZF v H BU and G BU [pdf, 252 KB]

    ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:25 … 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 th...