Search Results

1. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done.6 Subsequently, the Court of Appeal in A Ltd v H discussed s 103A and observed:7 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, t...

2. RIS Regulatory Systems Justice Amendment Bill package [pdf, 1.1 MB]

   ...parties, if necessary to fulfil its functions. The provision would include an offence for failure to comply with a notice without reasonable excuse. The offence of failure to comply with a notice would be heard in the District Court, with right of appeal to the High Court. The penalty would be a maximum fine of $10,000 for an individual and $20,000 for a body corporate. The limit for an individual would align with maximum fines in other occupational regulatory regimes for similar offending,...

3. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   LYNDA MARIE EMMERSON v NORTHLAND DISTRICT HEALTH BOARD [2019] NZEmpC 34 [28 March 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 34 EMPC 278/2016 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN LYNDA MARIE EMMERSON Plaintiff AND NORTHLAND DISTRICT HEALTH BOARD Defendant Hearing: 1, 3, 5, 15, 16, 1

4. 4. Roebeck affidavit (with exhibits) [pdf, 7 MB]

   AFFIDAVIT OF DAVID IAN ROEBECK FOR THE NGATI PAOA TRUST BOARD IN SUPPORT OF APPLICATION TO EXTEND TIME FOR FILING AN APPEAL 31 AUGUST 2018 Counsel instructed: J D K Gardner-Hopkins Phone: 04 889 2776 james@jghbarrister.com PO Box 25-160 WELLINGTON Solicitors on the record: Todd Greenwood Greenwood Law Limited Phone: 021 082 43911 todd@greenwoodlaw.co.nz PO Box 642 WAIHEKE ISLAND 1840 IN THE HIGH COURT CIV-2018-AKL-000...

5. National Panui April 2023 MLC [pdf, 798 KB]

   ...Broughton with Jo-An Kelsen, Brendon Broughton, Ariana Hurunui-Neil and Serena Fiso as trustees A20230002545 59/93 Rakaipaka Puriri Whaanga 1D1D Roadway Block - and an interim injunction order made at 247 Waikato Maniapoto MB 94-96 on 21/12/2022 - Appeal from a provisional determination (Respondents: Hohua Warren Hemi & Motoko Hemi as Trustees of the Hemi Whänau Trust) Paenga-Whäwhä / APRIL 2023 - NATIONAL PÄNUI 9 TAIRÄWHITI At Ruatöria (by Zoom) | https://us06web.zoom.u...

6. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...submitted as an alternative, if KSP433 was not an express term of the agreement, that it was an implied term requiring the defendant to pay out the benefits under that policy and could not be deleted unilaterally. [47] Mr Kiely addressed the Court of Appeal’s tests for implication of terms in Attorney-General v NZ Post Primary Teachers’ Assn [1992] 1 ERNZ 1163 which found such terms could be: implied by rules of law; implied from the express terms of the contract; implied b...

7. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

   ...what was an appropriate vacancy. This would have avoided the need to pursue redeployment to any other position and her subsequent dismissal. The plaintiff was found to have been unjustifiably dismissed. [28] In Westpac the Court of Appeal considered a redeployment provision which stated that the bank would “make every reasonable endeavour to identify” and offer at least one job option which was substantially similar to the position being made redundant. Ms White...

8. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...all the circumstances and therefore enforceable against him. Restraint of trade clause [45] The principles to be applied in assessing the reasonableness and therefore enforceability of a restraint of trade clause are well settled. The Court of Appeal has reiterated some of those principles in the context of employment law 3: • Covenants restricting the activities of employees after the termination of their employment as a matter of legal policy are regarded as unenforceable unl...

9. [2010] NZEmpC 142 Wang v Hamilton Multicultural Services Trust [pdf, 75 KB]

   ...justifiable, confirmed that the matter must be determined according to the test set out in s 103A of the Employment Relations Act 2000 (the Act). The fact that that is now the test for justification led him to a reconsider the decision of the Court of Appeal in New Zealand Fasteners Stainless Ltd v Thwaites,5 a decision decided under the now repealed Employment Contracts Act 1991. He set the position out as follows: [35] For the defendant, Ms Brook accepted that Ms Jinkinson was...

10. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

    ...discern what may have been its intention.” The Advisory Group’s report was prepared for the Minister. 27 [74] In Marlborough District Council v Altimarloch Joint Venture Limited 28 the Supreme Court declined leave to extend the grounds of appeal based on a departmental report that the appellant wished to rely on. The Court observed that: 29 The departmental report upon which the appellant now wishes to rely to support its statutory interpretation argument does not come...