Search Results

1. [2007] NZEmpC WC 33/07 Balfour v CE of the Department of Corrections [pdf, 42 KB]

   ...proceedings against the Chief Executive of the Department of Corrections (“the department”), his former employer. Following a judicial settlement conference the parties entered into a settlement agreement dated 29 August 2003. Bronwyn Kingdom, the human resources manager for the Community Probation Service/Probation and Offender Services, signed the settlement agreement on behalf of the department. The present claim [2] Mr Balfour now claims compensation for “...

2. [2007] NZEmpC WC 11/07 Smith v Nga Kairauhii Trust [pdf, 52 KB]

   ...the question, it is a factor in Ms Smith’s favour. [31] Addressing the relevant criteria for granting leave to challenge out of time, I conclude: • The reason for the omission has been explained by Ms Smith. It is principally a human and systems failure in the office of her solicitors rather than any omission on her own part. She has satisfied me that she took active and timely steps to challenge the Authority’s determination. • The length of the delay (40 days...

3. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...himself photocopying confidential documents and handling large amounts of cash and was anxious that his position be protected from any negative consequences of this. He spoke to Mr Shazell about these concerns and as a result for the first time the human resources manager prepared a role profile for this position as follows: • The effective, error free supply of teleprompt script and operation of teleprompt equipment • Ensure script is accurate and formatted for presenters in...

4. [2011] NZEmpC 17 Clarke v AFFCO NZ Ltd [pdf, 108 KB]

   ...leading questions of a number of witnesses about significant disputed events and recorded selectively only some responses to questions which could have led to allegations of predetermination. The defendant is a substantial company with professional human resources staff and training programmes for relevant managers including in investigations that may lead to sanctions as serious as dismissal of employees. I recommend to the defendant that it take advice about its managerial train...

5. [2010] NZEmpC 70 Electrix Ltd v NZ Amalgamated Engineering Printing and Manufacturing Union [pdf, 39 KB]

   ...on the strike proceeding because the plaintiff may have insufficient non-union employees to be able to maintain the essential service it provides. I note, however, that the strike notices do not prevent the involvement of union members where human life is at risk. Balanced against this are the interests of third parties who are likely to be adversely affected by the proposed strike action. [33] However, looking at the overall justice of the case and the respective strength of th...

6. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...support of it. More particularly, it says that the employer’s last offer to the union of 26 May 2010 was rejected by union members who responded with a picket of the hotel on 16 June and a strike starting on 17 June 2010. The defendant’s human resources manager, Chloye Chen, says that “The defendant decided to lock out the striking employees with a view to persuading them to accept our last offer.” [21] Although this is only an interim hearing at which the evidence has not...

7. [2012] NZEmpC 8 Gazeley v Oceania Group (NZ) Ltd [pdf, 126 KB]

   ...Gazeley’s competence in previous roles. All of the significant evidence in the other seven affidavits was before the Authority. [8] For Oceania, five affidavits were provided. These included detailed affidavits from Mr Hipkins and from Katie Hoyle, a Human Resources Manager for Oceania. Other affidavits were from Susan Harzer, who was appointed as Facilities Manager at Woodlands following Mrs Gazeley’s dismissal, Janine Rogers, the administrator there, and Guy Eady, the Actin...

8. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...the company’s negotiation team had created electronically and updated progressively a form of collective agreement that recorded the state of the bargaining. After each negotiating session, this was updated electronically by the company’s human resources manager, using the Microsoft “tracked changes” tool and sent by email to the negotiators including those for the union. This enabled the parties to the negotiations to see and verify changes made in the collective agreemen...

9. [2012] NZEmpC 188 ABC01 Ltd (formerly Primary Heart Care Ltd) v Dell [pdf, 91 KB]

   ...of enabling the Court more effectually to dispose of that application according to its substantial merits and equities. There is no suggestion by Mr Dell that his employer was other than the company. That is a separate legal entity from the human personality that is Mr Hinchcliff, even if he may control the company, or at least have done so when he was a director. [27] There is, however, a legitimate purpose for joining Mr Hinchcliff as a party but this will also need to be...

10. Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151 (331 AOT 151) [pdf, 154 KB]

    ...entitled to exercise their rights to free speech. The only caveat to that would be where any such comments breach court suppression orders, are defamatory or in contempt or are contrary to express legislative provisions. For example s61 of the Human Rights Act 1993. In this instance, a comment has been made which can be interpreted as relating to the time taken for a decision. As I pointed out to the parties on 18 December 2014 at Te Häwera, a judgment would issue within a week o...