Search Results

1. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...Judge Shaw concluded: [84] However, where there is evidence that a ground of discrimination was at least one factor which influenced the employer’s actions then the question of whether the employer intended to discriminate is not relevant. In Human Rights Commission v Eric Sides Motors Co Ltd, it was held that it is not necessary to establish that the discriminator had an intention to discriminate. The important question is whether the complainant had been treated less favoura...

2. [2015] NZEmpC 36 Yan v Commissioner of Inland Revenue [pdf, 280 KB]

   ...about the quality of Mr Yan’s work not being of the required standard. Mr Haycock provided Mr Yan with these complaints and discussed the details of them with him. [11] Mr Haycock and Mr Oomen took the precaution of seeking advice from the human resources team within the Department. It was confirmed that a formal performance improvement process was appropriate. A document setting out a number of draft expectations and measures (known as a Performance Improvement Plan (PIP))...

3. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   ...not here. [87] Accordingly, I find NZLC liable to the Claimants in breach of contract, in negligence and by virtue of a breach of the Consumer Guarantees Act. LIABILITY OF THE SECOND RESPONDENT [88] Dorfliger is the person – he is the human face behind his company NZLC. Limited liability companies are incorporated for many reasons. One of these reasons is to protect their shareholders (and/or directors) from personal liability on the basis that anything done by, or on be...

4. Tweeddale v Pearson [pdf, 405 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI-2008-101-000067 BETWEEN CONCHITA TWEEDDALE Claimant AND MICHAEL PEARSON First Respondent AND KAREN TUCKER Second Respondent AND PALMERSTON NORTH CITY COUNCIL Third Respondent AND PAUL HUMPHRIES Fourth Respondent AND STEVEN HARLEY Fifth Respondent AND SARAH SMITH and BARRY NIX trading as BARRAKUDA DESIGNS Sixth Respondent Hearing: 16 & 17 September 2009 Appearan

5. [2017] NZEmpC 127 South Canterbury District Health Board v Sanderson [pdf, 709 KB]

   ...[70] That all said, the DHB’s expectations from 23 June 2017 are as described in Dr Earnshaw’s memorandum of that date. Frequency and urgency of call-back [71] Ms Moginie, who as mentioned earlier, is a director responsible for human resources, collated on-call/call-back data for each of the ATs for the period 1 October 2015 to 31 October 2016. This indicated that an average of approximately 11 per cent of total on-call time was required for call-back in that period...

6. [2017] NZEnvC 200 Morningstar Development Limited v Auckland Council [pdf, 1.5 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 200 of the Resource Management Act 1991 of an application for a declaration pursuant to s 311 (1) of the Act MORNINGSTAR DEVELOPMENT LIMITED (ENV-2017-AKL-152) Applicant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner ACE Leijnen Hearing: At Auckland on 12 December 2017 Appearances: CDH Malone for Morning

7. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...honour the promised amount. Resulting in a significant loss to the business, amounting to over $300,000. ... [35] In the documents that were subsequently disclosed to Mr Hayashi and his legal advisors there was a draft letter prepared by human resource employees of SkyCity. Modifications to that draft show that initial, more direct, assertions against Mr Hayashi had been altered. The draft was prepared in the name of the Table Games Manager who was Mr Hayashi’s immediate s...

8. [2018] NZEnvC 042 The Architectural Centre v Wellington City Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND AND ENV-2016-WLG-000024 Decision No: [2018] NZEnvC 042 of an appeal under clauses 14 and 29(6) of Schedule 1 to the Resource Management Act 1991 THE ARCHITECTURAL CENTRE Appellant WELLINGTON CITY COUNCIL Respondent VICTORIA UNIVERSITY OF WELLINGTON Requestor DECISION APPROVING TEXT OF BALANCE OF PLAN CHANGE 81 Decision Issued: 10 APR 2018 [1] I first should apologise to

9. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   RADIUS RESIDENTIAL CARE LIMITED v THE NEW ZEALAND NURSES ORGANISATION INC NZEmpC AUCKLAND [2016] NZEmpC 112 [31 August 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 112 EMPC 265/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN RADIUS RESIDENTIAL CARE LIMITED Plaintiff AND THE NEW ZEALAND NURSES ORGANISATION INC First Defendant AND E TU INC (FORMERLY THE SERVICE & FOOD WOR

10. [2017] NZEnvC 182 The Rise Ltd v Kaipara District Council [pdf, 3.9 MB]

    BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvCI ~ t.. of the Resource Management Act 1991 of an appeal pursuant to s 121 of the Act THE RISE LIMITED (ENV-2017 -AKL-055) Appellant KAIPARA DISTRICT COUNCIL Respondent Environment Judge JA Smith, sitting alone pursuant to s 279 of the Act At Auckland on 31 October 2017 JC Brabant for The Rise Limited (the Ris