Search Results

1. [2011] NZEmpC 175 Maynard v Bay of Plenty DHB [pdf, 105 KB]

   ...she had been unfairly disadvantaged by this decision. Further, her solicitor states that Ms Maynard’s doctor’s assessment, immediately after she tendered her resignation, that the plaintiff was “clinically not well enough to continue her job” was a “determining factor in our client’s decision to resign her employment.” [19] The plaintiff’s solicitor concludes his letter of 7 April by inviting the DHB to “re-visit [its] decision with respect to payment of our client...

2. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...February 2007 until 28 April 2007, the date of the defendant’s resignation letter. His reason was that continued employment of the defendant was beyond the control of the plaintiff as the defendant was concurrently looking for an alternative job while negotiating with the plaintiff and therefore the plaintiff was unable to mitigate any ongoing premium payment exposure. The plaintiff also submitted that the final 2-week period should not be included in the calculation because th...

3. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...colleague at the Navy Hospital approached Jeanette Cahill, who was then the general manager, to discuss the possibility of having employment agreements rather than remaining independent contractors. The defendant’s colleague was concerned about job security as there was a suggestion at the time that military doctors might displace the civilian doctors. The defendant’s evidence was that this was not her motivation as she was the only female doctor and thought it was unlikely th...

4. [2012] NZEmpC 120 McLeod v National Hearing Care (NZ) Ltd [pdf, 110 KB]

   ...on the earlier agreement.” [11] In relation to Ms McLeod’s camping ground employment, Mr Harrison submitted: 9. Ms McLeod’s affidavit does not make any reference to the hours/days that she was working or why being busy in her Summer job would prevent her from considering a challenge and discussing this with either of her two representatives. This, it is submitted, is simply not a reason that could justify delay. Mr Harrison submitted that it was “simply not credibl...

5. [2012] NZEmpC 102 Tinkler v Fugro PMS Pty Ltd & Pavement Management Service [pdf, 100 KB]

   ...worker who had worked hard for the company for ten years. Mr Yeaman had discussed a range of options for dealing with the situation confronting Mr Tinkler, including the possibility of purchasing one of Mr Tinkler’s private vehicles and exploring job opportunities within the company for him. It is evident that Mr Yeaman was alive to the additional sensitivities surrounding the position that Mr Tinkler found himself in, and I accept that he wanted to ensure that Mr Tinkler could t...

6. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...that although Mr Kaipara acknowledged responsibility for the costs awarded by the Authority, he did not say that he would be unable to pay those costs. Next, the Judge noted that any impecuniosity was linked clearly to Mr Kaipara’s loss of his job which was the subject of the proceeding. The Judge stated that, “this Court has shown a marked reluctance to make orders for security for costs against grievants whose financial circumstances may have been caused or contributed to si...

7. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...work on weekends but, as counsel put it, "such an employee is not normally thought to be on "leave" or "unpaid leave" on the Saturday and Sunday." [15] Mr Cranney continued: 29. Similarly, an employee may have a job requiring work on every second weekend. He or she is not on "leave" or on "unpaid leave" on the 12 days not worked. Such an employee is entitled to annual 4 Labou...

8. [2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) [pdf, 171 KB]

   ...which is before the Court. Ms Sahrunphatcharakul explained that she saw an advertisement for a position as shopkeeper, on a Thai Community page on Facebook. Prior to commencing work, Ms Sahrunphatcharakul spoke with Ms Mahamai who offered her a job over the phone, discussing location, start date, time and wages. Ms Sahrunphatcharakul was offered payment at $10 per hour cash or $13.75 per hour including tax. The amount she was to be paid was not agreed. In Ms Sahrunphatcharaku...

9. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...define and support a rehabilitation programme, identify an alternative position within the WDHB, and failed to assist Mr Dunn in seeking a new position outside the WDHB. 6 [25] It is well established that an employer is not required to keep a job open indefinitely where an employee is suffering from a prolonged illness. 7 Much will depend on the circumstances, including the employer’s needs and what can and cannot reasonably be accommodated, and the anticipated timeframe for an...

10. Nimick & Anor v CAC 20005 & Ors [2014] NZREADT 11 [pdf, 116 KB]

    ...agency. We can accept that if Mrs Nimick had realised that, there would have been no extension other than, perhaps, a general agency determinable on seven days notice from them to the agency. [49] We feel that the licensees did a good marketing job for the appellants overall. Where the situation went wrong, from the point of view of the appellants, was that they only intended to extend a general agency and not to renew the original exclusive or sole agency. They were particular in t...