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1. De Malmanche & Ors as Trustees of the Lynette De Malmanche Trust v Auckland Council (successor to the Auckland City Council) [2010] NZWHT Auckland 38 [pdf, 392 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000088 [2010] NZWHT AUCKLAND 38 BETWEEN LYNETTE IDA DE MALMANCHE, MONICA CONSTANCE LENS and REDMOND TRUSTEES NO. 9 LIMITED as trustees of the LYNETTE DE MALMANCHE TRUST Claimants AND AUCKLAND COUNCIL successor to the AUCKLAND CITY COUNCIL First Respondent AND ROBERT CLARKE BICKERTON Second Respondent (Withdrawn) AND PETER LEONARD LOWE Third Respondent AND BRENT WILSON Fourth Respondent AND ANT

2. [2010] NZEmpC 133 Mercer v Maori Television Service [pdf, 82 KB]

   ...them to split up. She gave evidence that Mr Mercer had spent years studying to get into his role with MTS and that it was a huge disappointment for him to be dismissed and he had found it very difficult to deal with. She said that in losing his job Mr Mercer had “lost a bit of his soul”. Mr Mercer also gave evidence that it was humiliating not to be believed and for MTS to seem disinterested in pursuing the lines of enquiry he provided. [79] Ms Eden cited Telecom New Zealan...

3. [2010] NZEmpC 102 Jinkinson v Oceana Gold (NZ) Ltd [pdf, 90 KB]

   ...two questions specifically directed at ore spotting issues and two directed at grade control issues. The “desired attributes” were: • Ability to work with others in order to produce results. • Ability to plan workloads for efficient job productivity. • Keenness to learn new skills. • Values the role. [20] This list of “desired attributes” was not disclosed to candidates prior to their interviews although Mr Maw said that he read them out at the start of each int...

4. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

   ...waters involving departmental vision, mission statements and the like. She said that she had interacted with head office previously and helped shape policy and contended that she had demonstrated an ability to “toe the party line and deliver the job”, but also felt that she had a responsibility to express caution when she could see dangerous services being delivered. [19] Ms Taggart set out the salary movements in the roles of social work supervisors for which there had rece...

5. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   ...plaintiff’s failure to ensure that dangerous goods were not shipped in the consignment and his incorrect completion of the documentation, fundamentally undermined Mr Sullivan’s trust and confidence in the plaintiff’s future ability to perform his job to the required standard and that the failures were unacceptable as they involved matters that were critical to aircraft safety. [21] Mr Sullivan stated in evidence that he had dismissed the plaintiff because the plaintiff was...

6. [2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd [pdf, 336 KB]

   ...expired ABB collective agreement and the defendant’s preferred form of collective agreement for the future. [18] In the weeks leading up to the changeover, the defendant was at pains to assure ABB employees whom it wished to continue in their jobs and work for it (including the plaintiff), that they would not be affected adversely in their employment by the change from ABB to TSNZ. These assurances were conveyed to the relevant employees personally by Stephen Webster, TSNZ’s Ex...

7. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

   ...seen talking to his friend the defendant at the local rugby club. [15] Ms Smith also gave detailed oral evidence and was extensively cross- examined. [16] She mentioned that, when making her complaint, she had been seeking mediation but her job with the company was terminated. She said she began to tape conversations between her and the defendant back in early 2009 “as I couldn’t believe myself. He would give me directions and later deny that or alter them so I taped to est...

8. Beauchamp 30 March 2014 NZSHD 4 [pdf, 103 KB]

   ...Detective Janelle Kerr [34] Detective Janelle Kerr of the Christchurch Police visited Beachys on 17 October 2012 as part of a Police team tasked with visiting secondhand dealers and checking compliance. She has provided the Authority with copies of a job sheet and notebook entry in relation to her visit. Unfortunately other relevant job sheets were for some reason deleted during the move to the new Central Police building. [35] Detective Kerr is however able to confirm the following:...

9. MENDOZA Carlos Frederick (CSU 2010 WHG 000185) [pdf, 205 KB]

   ...for the wearing of quad bike helmets. [91] To summarise MBIE’s position, they had four key messages which I endorse. [92] There are four safety steps to consider; firstly, riders of quad bikes must be trained and experienced enough to do the job as required. To ensure the right vehicle is used for the right job. That makes reference to ensuring that the quad bike is not used beyond its capabilities. It may mean using other vehicles whether it is a side-by-side vehicle or a tr...

10. [2016] NZEmpC 83 Savage v Capital Coast DHB [pdf, 259 KB]

    ...staff, at least in these terms. The benefits which an RN would obtain by moving through the three levels such as enhanced wages were not benefits available to a casual employee. Mr Cate said the reference to PDRP was erroneously included in the job description. That said, a casual nurse would be required to maintain annual core competencies and area specific competency requirements, as referred to elsewhere in the document. [48] I do not consider that the erroneous reference...