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1. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

   ...prepares and implements adjudication hearings in accordance with the Corrections Act 2004 and the Corrections Regulations 2005. It also organises and manages Visiting Justices who attend the site for the purpose of hearing from prisoners who have appealed a misconduct charge or are referred for that purpose. [7] In 2014, AJY transferred to Prison 2 and was assigned to the Prosecutions team there in September 2016. [8] There were no issues with AJY’s employment during the...

2. Waitangi Tribunal - Report on the Māori Community Development Act Claim [pdf, 3.2 MB]

   ...findings and recommendations will not change Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz xxii aBBreviations aJhr Appendix to the Journals of the House of Representatives app appendix CA Court of appeal ch chapter CNI central north island comp compiler CYFS Child, Youth, and family services DMC District Māori Council doc document ed edition, editor ETITO electrotechnology and telecommunications industry training organisation fol folio ICE...

3. Mark-St-Clair_S87F-Report_Planning_28-April-2023_with-Footnotes.pdf [pdf, 1.1 MB]

   Section 87F Report – Ōtaki to north of Levin Highway Project (Ō2NL Project) Prepared by Mark St.Clair – Planning 1 IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of applications by Waka Kotahi NZ Transport Agency (Waka Kotahi) to Manawatū-Whanganui Regional Council and Greater Wellington Regional Council for resource consents to enable the construction, operation and maintenance of new state highway, shared use path and as

4. [2011] NZEmpC 71 Gaut v BP Oil [pdf, 174 KB]

   ...Turner. All the witnesses appeared to be doing their best to accurately recall for the Court the relevant events which had, of course, occurred over two years previously. [33] Both parties accepted the legal principle as stated by the Court of Appeal in Waitemata District Health Board v Timu 2 that “obscene or abusive language” could be capable of being regarded as serious misconduct justifying dismissal. Responsibly, Mr Jackson did not try to dispute that if Mr Gaut had use...

5. [2011] NZEmpC 125 Angus v Ports of Auckland Limited [pdf, 160 KB]

   ...non-exhaustive because of 4 See, for example, New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (Labour Court) affirmed by the Court of Appeal in New Zealand Educational Institute v The Board of Trustees of Auckland Normal Intermediate School [1994] 2 ERNZ 414; Lewis v Howick College Board of Trustees [2010] NZEmpC 4, [2010] ERNZ 1; Jinkinson v Oceana Gold (NZ) Ltd [2010]...

6. [2011] NZEmpC 34 Martin v Northland Education Trust Inc [pdf, 219 KB]

   ...evidence may affect the remedy of reinstatement. Here, it may be in issue both under s 124 of the Act (contributory conduct going to the nature and extent of remedies) and it may otherwise affect the extent of remedies as established in the Court of Appeal in Salt v Fell. 4 [67] It is, however, necessary to analyse and make findings on that evidence because some of it is disputed by the plaintiff and, even if it is undisputed, its significance and weight requires consideration an...

7. [2012] NZEmpC 19 Warmington & ONeill v AFFCO NZ Ltd [pdf, 214 KB]

   ...information), the information that they do have is likely to be of use to Silver Fern Farms. [72] The difficulties associated with inadvertent disclosure were traversed in The Littlewoods Organisation Ltd v Harris. 13 There the English Court of Appeal observed that: 14 11 AEC 14/95, 10 March 1995. 12 At [29]. 13 [1978] 1 All ER 1026. 14 At 1033. It is thus established that an employer can stipulate for...

8. EMPC Swearing in Judge Perkins [pdf, 217 KB]

   ...claims. I was employed by my next door neighbour, who was the senior partner in the firm, to fill a vacancy soon to occur when the firm’s junior common law solicitor left on his great OE. That was one Rhys Harrison, now a Justice of our Court of Appeal. Rhys and I had a period of overlap of several months as employees of the firm which we both greatly enjoyed. So you can see why I soon naturally drifted towards a practice in maritime law and industrial law. When I think of my...

9. [2012] NZEmpC 168 Service and Food Workers Union Nga Ringa Tota Inc v Sanford Ltd [pdf, 185 KB]

   ...the Act. This entitles the plaintiff to “a full hearing of the entire matter” which was before the Authority. The “matter” that was before the Authority was whether it should accept the Union’s referral to facilitation. This is not an appeal in the traditional sense of an examination of the correctness of the Authority’s decision on the facts before it. Rather, a party electing to challenge by hearing de novo is entitled to a consideration of the “matter” (whether...

10. [2013] NZEmpC 28 Maori Hill & Balmacewen Pharmacy Ltd v O’Sullivan [pdf, 205 KB]

    ...not satisfied that she was dismissed by Mr Vohora on 3 May or at a later date. I do however consider that Ms O’Sullivan was unjustifiably constructively dismissed. [44] In Auckland Shop Employees Union v Woolworths (NZ) Ltd, 4 the Court of Appeal identified the following categories of constructive dismissal: (a) The employer gives the employee a choice between resigning or being dismissed; (b) The employer embarks on a course of conduct with the deliberate and dominant pur...