Search Results

1. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...and threatening him in a discussion in February 2010; and (iv) creating an unsafe and fearful working environment by comments made and behaviour towards Mr Milne and Mr Ross. [6] A disciplinary meeting was held on 31 March 2011. Mr Pereira requested further information, suggested some other employees be interviewed and proposed that the parties attend mediation. Mr McInnarney agreed to mediation which was held on 8 April 2011 without resolving the matter. A further disciplina...

2. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...also provided with a brief of evidence from Dr Jolly, the plaintiff’s general practitioner. Mr Webster indicated that he did not wish to cross-examine this witness and he was not present. I invited Mr Petherick to provide this evidence in the form of an affidavit but, understandably, he was unable to arrange that today. As the evidence which Dr Jolly would have given was largely corroborative of what the plaintiff herself said and her evidence in those respects did not significan...

3. [2010] NZEmpC 77 Poulter v Antipodean Growers Ltd [pdf, 37 KB]

   ...[5] The defendant has taken no steps whatsoever in respect of the challenge despite being served with the proceedings. Accordingly, once the time limit for the defendant to take steps in the proceedings had expired, they were set down for a formal proof hearing. [6] The matter proceeded by way of formal proof on 27 April 2010. Mr Poulter himself gave evidence confirming the allegations contained in his amended statement of claim, his brief of evidence and other documentation. I

4. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...proposed by the company, these are incapable in law of acceptance being contrary to or inconsistent with s 54(3)(b) of the Act. The plaintiff says that the terms and conditions of employment that the company seeks to have union members accept in the form of a collective agreement, do not include an employee protection provision (EPP) as required by s 69OJ of the Act. [9] The relevant background to the present position is as follows. The parties are in bargaining lawfully for a c...

5. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...agreement. It also alleged that, by actively soliciting business from Transpacific’s customers on behalf of Smart, Mr Harris was in breach of clause 7.2. [5] In addition to that interim relief, Transpacific also sought permanent relief in the form of a declaration that Mr Harris had breached the terms of the employment agreement and penalties for those breaches pursuant to s 134(1) of the Employment Relations Act 2000 (the Act). Transpacific sought to have penalties imposed on...

6. [2012] NZEmpC 94 Gini v Literacy Training Ltd [pdf, 93 KB]

   ...challenge to a determination, the Court can make an order encompassing costs in the Authority when the Authority itself has made no order but simply reserved the question of costs. The issue was raised, however, by the full Court in PBO Ltd (formally Rush Security Ltd) v Da Cruz. 3 In Goodfellow v Building Connexion Ltd trading as ITM Building Centre, 4 which was a case where costs had not been fixed by the Authority, Judge Couch, following Da Cruz, confirmed that this Court h...

7. Regulatory Impact Statement Private Security Personnel and Private Investigators Act 2010 regulations [pdf, 211 KB]

   ...security personnel may require only a small amount to training to meet the required standard). Sarah Turner General Manager, Public Law Signature: Date: EXECUTIVE SUMMARY The Private Security Personnel and Private Investigators Act 2010 reforms the private security industry. The Act’s objective is to ensure that security personnel are suitably qualified and do not behave in ways that are contrary to the public interest. The Act does this by means of a licensing regime whi...

8. [2009] NZEmpC AC 6A/09 Bay Milk Distributors Ltd v Jopson [pdf, 41 KB]

   ...[17] In the event of a redundancy which, I find as a matter of interpretation, included the circumstances facing Mr Jopson, clause 21.7 of the employment agreement required BMDL to discuss possible redeployment, if any existed, to assist him, if requested, in obtaining alternative employment and to “provide counselling if necessary to assist the Employee.” Clause 21.8 also provided that there would be no entitlement to damages or compensation in the event of a redundancy. Discu...

9. [2006] NZEmpC WC 26/06 Farmers Transport Ltd v Kitchen [pdf, 47 KB]

   ...work up to then. While I do not find that Mr Roebuck told Mr Kitchen that he was not to return to the workplace after he was made redundant, it is also clear that he was not encouraged to return. By telling him to go and check out alternative forms of employment in another part of the company, I find that Mr Roebuck made it clear to Mr Kitchen that he was not to return. Mr Roebuck now says that: He was encouraged by me to use his time to best advantage to sort out what else he w...

10. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

    ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) V HOWARD DELL NZEmpC AK [2012] NZEmpC 188 [6 November 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 188 ARC 62/12 IN THE MATTER OF an application for leave to file challenge out of time BETWEEN ABC01 LIMITED (FORMERLY PRIMARY HEART CARE LIMITED) Plaintiff AND HOWARD DELL Defendant ARC 65/12 IN THE MATTER OF an application for compliance order BETWEEN HOWARD DELL Plaint