Search Results

1. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...paragraph 31 of the statement of claim please state: …(ii) the date when each of the nine persons who had been incorrectly treated as contractors was employed by the plaintiff; (iii) the person or persons amongst the plaintiff’s managers and human resources personnel who employed as contractors each of the nine persons who had allegedly been incorrectly treated as contractors; … (v) how the alleged potential tax liability of $380,000 was calculated; (vi) the inform...

2. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...restructure was overseen by David Ralph, the operations manager. Through 2005 and 2006 about 60 employees were made redundant in several stages. This was carried out by Mr Ralph in consultation with the relevant union. He also took legal and human resources advice. [17] In the course of this process Mr Ralph had sought assistance from Mr Davison to assess the performance of other employees who were affected by the restructuring but Mr Davison was not advised that his own position...

3. [2009] NZEmpC CC 3/09 A Farmer v A Worker [pdf, 55 KB]

   ...not only as an employer but also as a father. In his submissions, Mr Slevin urged me to separate those roles in my analysis but, in my view, it is impracticable and unrealistic to do so. The farmer could not do so in fact and, having regard to human nature, could not be reasonably expected to do so. That is because the allegations made by the boy were not only of serious criminal offending but also inevitably had a powerful emotional impact on the farmer. This is a factor likely t...

4. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

   ...1 Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02 4 would never get their indicative rates. Union officials raised this issue with him in March 2004. [17] Mr Cox, human resources manager for AFFCO, said that there was a very long established custom and practice for lamb cutters to be paid by the piece rate system which was always an all inclusive rate and quite separate from other distinct operations at I

5. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...to such an outcome being imposed. This, it submitted, would abrogate the rights of the workers under the clause. [12] Two witnesses gave evidence for Fonterra. The first was Helen Blair who was, at the time of the negotiations for the cea, Human Resources Manager Operations. The second was Brian How who was, at the time of the negotiations, Strategic Projects Manager. Both represented the company in the negotiations. They each gave evidence of their specific understanding of...

6. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...professional role, he could not divorce himself from being M’s barrister having just visited M in that capacity. That opened his actions up to the very type of allegations that eventuated. On the other hand we believe that it was an understandable human reaction, given the circumstances that the practitioner found his long-standing, respected client in, to carry out a simple, lawful request in the nature of a kindness. [58] The Tribunal finds that the practitioner did not breach r...

7. MacKenzie v Christchurch City Council [2011] NZWHT Auckland 59 [pdf, 125 KB]

   ...manager and says he only ever acted on behalf of the company. [22] There is no doubt that Wakefield was the developer. However, it is necessary to make a finding as to whether Mr MacKinnon was a co-developer and whether his actions as the ‘human face’ of Wakefield were the actions of a developer per se. This is important as a developer has a non delegable duty of care.2 A director who is not a developer may still be liable but their negligence must arise from their act...

8. IPT Annual Report 2014 [pdf, 3.7 MB]

   ...Protection Tribunal was established under section 217 of the Immigration Act 2009. This annual report records case load and decision statistics in each of the Tribunal's four jurisdictional streams - residence, deportation (resident), deportation (humanitarian) (formerly referred to as removals) and refugee and protection. It also records the statistics for the Tribunal as a whole. The Immigration Act 2009 imposes no reporting requirements on the Immigration and Protection Tribuna...

9. [2016] NZSSAA 100 (24 November 2016) [pdf, 208 KB]

   ...records the objects of the charity as being: “to relieve those persons suffering from haemophilia, who as a result of receiving infected blood products in the United Kingdom and suffering from Acquired Immune Deficiency Syndrome are infected with human immune deficiency virus and are in need of assistance, or the needy spouses, parents, children and other dependents of such persons and the needy spouses, parents, children or other dependents of such persons who have died.” [53] The...

10. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

    ...over 30 years, and did not reflect a series of such events; there was no matter arising which resulted in a complaint by or loss to the bank concerned; and there was no deliberate or wilful disregard by the practitioner of her obligations, but a human error made by a usually competent member of the profession. [23] It was also submitted that in assessing penalty the Tribunal could take into account mitigating factors such as the practitioner taking immediate steps to put in pla...