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1. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...[36] Mr Wilson said that in his initial discussions with Mr Harrison he raised the issue of the restraint of trade clause in his contract with Credit Consultants. He told Mr Harrison that his role had been made redundant and that after talking to human resources practitioners the fact that he had been made redundant probably meant that the restraint of trade did not have any effect. He took no legal advice on this and did not show the HR practitioners his restraint clause. [37] It...

2. [2010] NZEmpC 142 Wang v Hamilton Multicultural Services Trust [pdf, 75 KB]

   ...Wang had lodged in the Authority another employment relationship problem for determination. This alleged that he had been discriminated against in his employment. Mr Wang had commenced contemporaneous proceedings by way of complaint to the Human Rights Commission. Those proceedings were unresolved at mediation. On 20 November 2009, the Employment Court ruled that despite the unresolved proceedings before the Commission, Mr Wang was entitled to pursue his personal grievance bef...

3. Regulatory Impact Statement Hague Child Protection Convention [pdf, 178 KB]

   ...The advantage of this approach is that provisions can be more easily changed. Promulgating regulations is a faster and less costly option as it would not involve the Select Committee process. 76. However, the Convention impinges on fundamental human rights in some areas and involves important issues of international co-operation. It would not be appropriate to limit public opportunity for comment or Select Committee scrutiny. It is probable that the Regulations Review Committee would...

4. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...after 5 years into the position of supervisor in the sports department. He accepted that having have left as a junior and returned as a supervisor created a difficult situation and there was some resentment from older staff which was a natural human reaction. He claimed that Mr Coffey was the most difficult journalist that he had ever had to manage. [37] Mr Lammers accepted that after the mistake was fixed up life just went on and he got on with his normal work, as did Mr Coffey,...

5. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   ...plaintiff who: -has habit of taking chances & trying a smoke in out of the way areas -does not guarantee he will not be caught again. [13] At the conclusion of the meeting Mr Miller and Clive Menkin, the defendant’s general manager of human resources, agreed that the decision to dismiss the plaintiff would be suspended to enable Mr Miller to present options apparently as an alternative to dismissal. On 4 November 2005 Mr Miller wrote to Mr Menkin expressing the view that...

6. Floyd v The Proprietors of Hauhungaroa 2C Block Incorporation Committee of Management - Hauhungaroa 2C Incorporation (2014) 325 Aotea MB 42 (325 AOT 42) [pdf, 229 KB]

   ...redundant. [25] In relation to the employment situation with farm manager Mr Floyd, discussions had commenced with him in 2010 regarding alterations to his employment agreement, and during this time the committee sought professional advice from a human resources consultant. Mr Floyd was given notice requiring him to take his annual leave owing from 18 March 2011 and return to work on 13 December 2011. An acting farm manager was appointed during this time. Mr Floyd was advised...

7. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...issues [11] Mr Goel said in evidence that he received good performance reviews throughout his two years of service. His last report, for July 2012, was produced. In answer to a question from the Court, Mr Luke Southorn, MPI's Director of Human Resources (HR), summarised the report as indicating, "somebody who is making good progress, having not yet reached what I'd call performing the role to the full requirements of the job." [12] In his evidence, Mr Stew...

8. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...conducted some inquiries himself. 8 [15] The meeting was held on 10 May 2013. Mr McLennan was supported by Mr Thomson. Mr Butchart conducted the meeting. Also in attendance was Mr McLennan’s direct manager, Nigel Burton, and Lisa Whooley from Human Resources (HR). 6 At [12]. 7 At [13]. 8 At [18]. [16] The Authority recorded Mr McLennan’s responses to the four allegations, as follows: (a) With regard to the...

9. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...have been rather profitable to the defendant; but we can accept that much marketing work was required by the defendant to achieve the outcome of five section sales to that person referred to the defendant by the complainant. [51] On the one hand, human relations blow-ups in the work place occur from time to time but, on the other hand, real estate salespeople are engaged in an important profession and should always act in a professional manner. We consider that the defendant failed to...

10. Legal aid induction guide for legal aid providers [pdf, 402 KB]

    ...• breaches of contract • defamation • bankruptcy. Civil legal aid may also be available for proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court and Māori Appellate Court • Refugee Status Appeal Authority • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal....