Search Results

1. Parlane v REAA Registrar [2013] NZREADT 94 [pdf, 176 KB]

   ...that there had been collusion (inter alios) between the Ombudsman and the Real Estate Agents Authority, he said he believed that to be true and that he was entitled to say so. He seems to be still asserting to us that the Registrar did not do her job and he put it that he is simply “a forthright individual”. [37] It was put to the applicant that he is unable to refer to a real estate firm which will employ him and supervise him in a regular manner. His response is that he cannot o...

2. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...that is the case. Mr Dacre addresses the issue of a community-based sentence and I will address that in a moment. [14] He had referred to the fact that you are a good and responsible mother, of previous good character and holding a responsible job in the community and, finally, submitted that the offending is at the lower end of the scale for this type of offending, no premeditation, short duration no active steps to assist, no evidence of reward and a combination of failure to take a...

3. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...and confidence and they were looking to terminate his employment for serious misconduct. A 10-minute break was then taken following which Mr Thorne made the point that he did not feel his judgement had been impaired and he wanted to keep his job. He also confirmed that he was happy to look at rehabilitation. Mr Thompson referred to three other locomotive engineers who he claimed had recently tested positive for drugs but had been offered rehabilitation; he wanted to know why Kiw...

4. Paterson v Whangarei District Council [2012] NZWHT Auckland 18 [pdf, 168 KB]

   ...LIMITED AND IAN DENNIS [50] Mr Dennis is the director of Fine Finish Builders Limited. His company was contracted by Harmony Homes to undertake the carpentry of the dwelling on a labour only basis. He said this was the Page | 17 first job that he undertook for Harmony Homes. He has built 49 homes for Harmony Homes since. [51] Mr Dennis stated that he was on site with another employee of his company from Monday to Friday, sometimes staying over until Saturday. Mr...

5. Director of Human Rights Proceedings v Valli and Hughes [2014] NZHRRT 58 [pdf, 333 KB]

   ...The evidence of Aaron Valli [10] In February 2011, when 21 years of age, Aaron Valli was invited by his sister and her partner Hadleigh Hughes to work for them as a dairy assistant on a dairy farm they managed at 286 Rimu Road, Invercargill. His job was to feed and milk cows and to help out with general farm work. He lived in a house on the farm approximately 400 metres from where his sister and Mr Hughes lived with their family. He worked long hours, sometimes 15 hours a day with 14...

6. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...and the employment. While Mr Hallwright was not at work at the time the incident occurred, it nevertheless gave rise to adverse publicity which negatively impacted on the employer’s business and Mr Hallwright’s ongoing ability to do his job. Jurisdictional divides Part 6 of the Privacy Act 1993 (the Privacy Act) contains twelve information privacy principles, which in the employment context describe how employers should conduct themselves in relation to employees’ p...

7. Smith v ACC [2013] NZACA 12 [pdf, 65 KB]

   ...accordingly has frequently to climb ladders and work on roofs. This often necessitates him working on his knees, which causes him considerable pain. He is certainly unable to carry out all the normal activities a plumber would in the course of his job, and is at the present time fortunate in that his employer realises his limitations with respect to this type of work. This may not always be the case however. In short, Mr Smith’s injuries have caused him considerable pain, discomfor...

8. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

   ...contained provisions relating to the way in which Mr Lumsden’s departure was to be recorded for the purposes of seeking new employment (namely as a resignation); a provision acknowledging that Mr Lumsden was “welcome” to apply for future jobs within Skycity; and a provision prohibiting either party from making any disparaging comments about the other, including to existing or prospective staff, prospective employers and internal stakeholders. [30] Despite agreeing that Mr Lums...

9. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...fine of $1,600, as submitted for by Mr McKenna, I would regard at the higher end of the spectrum having regard to Mr Sharma’s overall culpability in this matter. In this respect I have regard to Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector). 7 In that case, where a fine had been imposed of $5,500 for breach of a compliance order (although not for an offence, as occurs in the present case) the fine was reduced by the Court of Appea...

10. [2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs [pdf, 340 KB]

    ...new employment. On 10 April 2017 the Authority issued its determination and found that s 67B of the Act prevented Mr Ioan from pursuing a personal grievance for unjustifiable dismissal. Since that determination became public, all Mr Ioan’s job applications have been unsuccessful; he has not even been interviewed for roles. His evidence was that he is aware and has been told that this is because of online profiling for job applicants by recruiters and HR personnel. Valid tria...