Search Results

1. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...September 2021 Mr Baillie raised a personal grievance with Oranga Tamariki and on 7 September 2021 he lodged proceedings with the Employment Relations Authority (the Authority). He sought both interim and permanent reinstatement to his former position. [3] By determination dated 29 October 2021, the Authority dismissed Mr Baillie’s claim for interim reinstatement.1 A substantive hearing of Mr Baillie’s personal grievance is now set down to be heard at the Authority in...

2. ORC - Kerstin Strauss - Evidence in Reply - 11 March 2022 [pdf, 171 KB]

   ...the two councils are required that usually a single EMP is prepared that satisfies the requirements of both councils. At paragraph 32 he notes that if the EMP is submitted to both councils at the same time, difficulties can arise if one council requests changes to the EMP. Sometimes this is addressed by having the EMPs submitted sequentially. 25 Whilst I acknowledge that in some circumstances it is frustrating for consent holders to have two EMPs approved, given the different f...

3. [2021] NZEmpC 100 Alkazaz v Enterprise IT Ltd [pdf, 242 KB]

   ...if the offer made in it was not accepted within five working days, the company was required to file its reply in the Authority and the matter would continue to a hearing. [22] What followed was an email exchange between lawyers including a request for, and comments about, draft settlement agreements. In that exchange Enterprise IT proposed its own terms of settlement and made an offer in an email labelled “without prejudice”. It expressly reserved the ability to refer to t...

4. [2024] NZEmpC 27 Breen v Prime Resources Company Ltd [pdf, 210 KB]

   ...While it is correct that that High Court Rules incorporate provisions relating to costs, it does not follow that those provisions apply in this Court. … [6] The wording of reg 6(2)(a)(ii) is clear: where any case arises in which there is no form of procedure under the Employment Relations Act 2000 or the Regulations, the Court must dispose of the case as nearly as may be practicable in accordance with the provisions of the High Court Rules affecting any similar case. If there is...

5. [2022] NZEmpC 201 Young v Port of Tauranga Ltd [pdf, 216 KB]

   ...of the COVID-19 vaccination. 2. Inform all employees who have refused the COVID-19 vaccination they are free to resume employment under their original contract without the need to be vaccinated forthwith. 3. Cease and desist all forms of advertising, communication and information promoting the COVID-19 vaccinations. The letter concluded that if they did not desist forthwith, criminal complaints of coercion to cause administration of poisons would be laid with th...

6. Cycle-5-A5-v1.0-FINAL.pdf [pdf, 1 MB]

   ...increased between Cycle 4 and Cycle 5, from 35,000 to 56,000.¹⁰ The number of adults experiencing offences by other family member decreased between Cycle 4 and Cycle 5, from 34,000 to 20,000.¹⁰ Offences by family members are clearly gendered forms of victimisation Female NZ average Adults aged 15–29 years old Separated/divorced adults 1% 3% 4.8%1.7% 9.3%3.1% Male 6.5%2.2%Adults who cannot meet unexpected expense Note: The infographic below relates to pooled data (Cycle 1...

7. Reti v Smith - Part Lot 7 Deposited Plan 3351 - Petane Marae (2024) 109 Tākitimu MB 1 (109 TKT 1) [pdf, 281 KB]

   ...resolved to appoint an independent auditor. This resolution does not bind the trustees. Whether or not the new trustees of Petane Marae agree to give effect to this resolution is a decision for them to make. [11] In large part, the applicants’ request for a financial review or audit is based on the assertion that the Petane Marae trustees have received payments to which they are not entitled. Indeed, Barbara Smith confirmed that the only relief she seeks is for the money paid t...

8. Auckland Standards Committee 2 v Sheat [2023] NZLCDT 50 (7 November 2023) [pdf, 108 KB]

   ...suspension we impose. [29] What period of suspension should we impose in those circumstances? It must fit the individual circumstances of this case: the characteristics of the misconduct; the lapse of fidelity to the client’s right to be informed; the practitioner’s own stage of life and salient characteristics. [30] The misconduct, as we keep repeating, is serious. Misconducting oneself in relation to moneys in the trust account is always grave. These few grey tinges in...

9. French v Accident Compensation Corporation (Causation and Entitlement to Surgery) [2023] NZACC 212 [pdf, 243 KB]

   ...reconciled with the contemporaneous medical notes. Appellant’s Submissions [35] In his submissions to the Court, the appellant was adamant that his condition all relates back to the 1974 accident and that two neurosurgeons support him in this. He requests that surgery funding be granted immediately, given his present discomfort, and he notes that surgery would not happen until March next year. [36] He submits that ACC is in breach of its obligations under the ACC Act. Respond...

10. Wiringi v Accident Compensation Corporation (Social Rehabilitation) [2023] NZACC 211 [pdf, 228 KB]

    ...provided in 2017 was impounded and not recovered by Mr Wiringi. The vehicle was de-registered in 2019. [9] Mr Wiringi asked the Corporation to provide him with another vehicle. On 1 June 2021, an ACC technical specialist reviewed Mr Wiringi's request. She concluded that the vehicle provided in 2017 would have continued to meet Mr Wiringi's social rehabilitation needs, and therefore the Corporation had met its obligations under the Act. Another technical specialist co...