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1. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

   ...employer to address. [19] In Chief Executive of Manukau Institute of Technology v Zivaljevic, the Court summarised principles from earlier cases about what is required to raise a personal grievance:5 [36] The grievance process is designed to be informal and accessible. A personal grievance may be raised orally or in writing. There is no particular formula of words that must be used. Where there had been a series of communications, not only would each be examined as to whether it...

2. [2006] NZEmpC WC 15A/06 OCS Ltd v Service and Food Workers Union Inc [pdf, 27 KB]

   ...seeking rulings from the Employment Relations Authority but instead moved unilaterally to implement the technology on the basis of its own interpretation. It then took potentially punitive steps against the union and its affected members in the form of an application for injunction and damages against them. In so doing, the plaintiff went beyond pursuit of an interpretation of the collective agreement and looked instead to enforce its interpretation before it had been resolved....

3. Maori Commercial Aquaculture Claims Settlement Amendment Bill [pdf, 155 KB]

   ...aquaculture industry. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 8. Section 14 of the Bill of Rights Act affirms the right to freedom of expression. This includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.2 9. Clause 7 of the Bill replaces existing s 49 of th...

4. [2022] NZACC 14 - Mackley v ACC (26 January 2022) [pdf, 169 KB]

   ...extenuating circumstances and that the original review could proceed on its merits. [11] In December 2021, the appellant’s counsel invoiced the respondent $4,158,78. [12] The parties have not agreed as to costs. The joint discontinuance flagged a request by the appellant for costs on a 2B basis in respect of one appeal. [13] The respondent states that the amounts claimed should be under category 1 and time allocation should be A. [14] The appellant’s position is that Distri...

5. 2012 Decisions of public interest

   ...employment relationship ended, s 4 duty of good faith also ended. Without prejudice letter which allegedly raised grievance should not have been admitted into evidence without consent of both parties. Employee not required to specify nature of remedies requested when raising grievance. Admissible correspondence and discussions did not raise grievance as setting out sections of the Act is not adequate particularisation of grievance. Doran v Crest Commercial Cleaning Ltd [2012] NZEmpC 97 [Fu...

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6. [2021] NZEmpC 177 Allison v Ceres New Zealand LLC [pdf, 267 KB]

   ...already undertaken, the company may not need a “full-time welder”. The possibility that any welding work needed in future could be performed by a contractor on an “as required” basis was raised for discussion. His views and comments were requested before any decision was made. [22] The reply to the invitation to consult about the proposal was a letter dated 28 September 2018 from PBEL. That letter contained a blunt response, that the proposal was a sham and had not be...

7. Heads v Attorney-General [2015] NZHRRT 12 [pdf, 703 KB]

   ...between receiving those payments and other entitlements. [21.6] His financial loss from not receiving New Zealand superannuation over four years is approximately $75,000 gross ($364.50 x 208). He also believes he temporarily lost access to other forms of assistance available to superannuitants but not to persons in his situation ie persons who have reached NZSQA but who are not in receipt of superannuation. [22] As articulated by Dr McCrimmon in her closing submissions, the claim by...

8. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...theoretically and not with reference to this case of course. [17] The more flexible approach includes, for example, a commonsense determination of inherent possibilities of an unanswered assertion or even of a disputed assertion. In its extreme form, the rigid approach adopted by the Authority in this case would also preclude consideration of contradictory evidence called for a respondent, even powerful and persuasive contradictory evidence. [18] The Court or the Authority must dec...

9. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...the direction to mediation be one to co-mediation with a Judge and a statutory mediator. The defendants did not demur from this suggestion, nor did any party from mine that I should reserve judgment sine die but with leave for either party to request a judgment if mediation was unsuccessful. [6] I record my appreciation of the readiness by the mediator who had previously assisted the parties, to resume mediation on the following morning, Friday 1 September, with another Judge at...

10. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

    ...currently employed as an Aviation Firefighter in a management position. I have held a management position within this industry for the past 21 years. This evidence is given on behalf of the Ngati Paoa Iwi Trust. Although this evidence is given in written form, I would prefer to give the explanation that it deserves by speaking, in te reo, on these issues. My links to Paoa is through my mother Te Aomarama Wilson nee Te Aho Thompson, my grandfather Tukere Te Aho Tamihana and my grandmother...