Search Results

1. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...intervals of time in paragraph [6](c) and (d) need to be explained. The first period of time (2 May until 11 June 2016) was the Authority’s calculation encompassing the assessment Mr Wate underwent at the beginning of May and for the work he performed from 10 May onwards. In the absence of any evidence about an agreed rate of pay for that work, the Authority applied the Minimum Wage Act 1983 and the applicable Minimum Wage Order, using Mr Wate’s diary as the only available rec...

2. [2016] NZSSAA 005 (16 February 2016) [pdf, 77 KB]

   ...amount of $12.50 per week for alternative medical treatment was included in his Disability Allowance. Arrears were paid for the period 21 May 2014 to 2 December 2014. [5] The appellant was then invited to withdraw his appeal. It now appears that that request was inappropriate. Fortunately the appellant declined to withdraw his appeal and accordingly the matter was set down for a Directions Hearing on 10 March 2015. [6] The appellant attended that hearing but indicated to the Authority that...

3. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...Schedule A to the agreement set out a summary of Mr Guerra’s terms and conditions of employment. It provided that Mr Guerra was to be paid at a rate of $22 per hour and that the “(Minimum Guaranteed) Hours of work” was 35 hours; he could be requested to work in excess of these hours but was free to decline and there was to be a minimum engagement of two hours per shift. [9] Mr Guerra was appointed to his position in October 2019 by Ms Wilson, who was initially his line mana...

4. [2024] NZEmpC 74 Hu v Passion Fresh Ltd [pdf, 273 KB]

   ...query was addressed by Passion Fresh in a further email of 12 April 2021 when Ms Hu was advised that the company did not share her view that her wages 1 Hu v Passion Fresh Ltd [2023] NZERA 54 (Member Fuiava). were incorrect. She was informed that the company considered the hours for which she was paid correlated with timecard hours, but an invitation was extended to discuss the matter in person. [9] On 13 April 2021, Ms Hu met representatives of Passion Fresh. During...

5. Smethurst [2015] NZWHT Auckland 2 [pdf, 139 KB]

   ...owners to seek a review of MBIE’s decision that the claim does not meet the eligibility criteria. I further noted that any such application for review must be filed within 20 working days of receiving the relevant notice from MBIE. I accordingly requested Mr Smethurst to send me the following information:  A copy of the notice from the Department of Building and Housing or MBIE declining eligibility.  Copies of documents that he referred to that established that building...

6. Equal Pay Amendment Bill Supplementary Order Paper [pdf, 157 KB]

   ...formally vetted for consistency with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). However, it is possible for the Attorney-General to bring the House’s attention to relevant matters under Standing Order 372(1), and you have requested that this Supplementary Order Paper be formally vetted. 3. Therefore, we have considered whether the Equal Pay Amendment Bill Supplementary Order Paper (‘the SOP’) is consistent with the rights and freedoms affirmed in the Bil...

7. LCRO 209/2016 YH v SM (27 November 2018) [pdf, 144 KB]

   ...2016, [4]. 2 At [10]. 3 Issue 1: Did Mr SM give incorrect advice in relation to the issue of Court proceedings by Mrs YH and if so, did his conduct constitute either unsatisfactory conduct or misconduct? Issue 2: Did Mr SM by agreeing to a request from opposing counsel to put Mrs YH’s proceedings on hold allow Mr YH proceeding “to catch up” so that matters could be dealt with together, constitute conduct which is either unsatisfactory conduct or misconduct? [14] The Co...

8. [2010] NZEmpC 10 Snowdon v Radio New Zealand Ltd [pdf, 147 KB]

   ...course of the hearing of the disclosure challenge on 24 September 2009 I raised with counsel what appeared to me to be the underlying disclosure issue between the parties, which was whether the exercise undertaken by the defendant to change the format of the financial material it held, on what was described as the “SunSystem”, into the 5 CD-ROMs, was undertaken for the purpose of concealing from the plaintiff the true position of the defendant’s financial records. The disclos...

9. J v ACC [2010] NZACA 2 [pdf, 39 KB]

   ...1992, immediately after filing her claim in September 1992 for compensation for mental injuries suffered from multiple instances of sexual abuse. Ms Hubble argues there was no analysis of the effects of these instances of abuse on the appellant as forming a “continuum” and Ms Hubble submitted that the Authority has no evidential basis on which to apply JM on that point. [7] Additionally Ms Hubble argued that the application of JM is also inappropriate given that the claim in tha...

10. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

    ...APPLICATION BY PLAINTIFF FOR PRESERVATION ORDERS1 Introduction [1] E to Incorporated (E tO) is a union registered under Part 4 of the Employment Relations Act 2000 and Mr Matsuoka is one of its members. [2] As is his entitlement, Mr Matsuoka requested access to his personal information held by E to. The union did not make any response to that request. The Privacy Act 1993 (PA) deems such failure to be a refusal of the request. 1 [This decision is to be cited as: Matsuoka v E Ta Inco...