Search Results

1. [2009] NZEmpC CC 3/09 A Farmer v A Worker [pdf, 55 KB]

   ...recorded in paragraph [5] above, I have formed no view about the substance of the allegations made against the worker. None should be inferred from this decision. [61] In considering this matter, I have been conscious that the worker lost his job and subsequently suffered considerable hardship and distress. The effect of my decision is that he has now also lost the remedies awarded to him by the Authority. That decision does not reflect a view that the worker is undeserving. Rat...

2. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...employees on PM2 as the defendant proposes to reduce the Paper Mill operators down from 66 to 35 or the equivalent of one paper machine crew of 30 operators. She submitted that the employees on PM2 must be those in “redundant positions” as the jobs on PM3 will remain, as the defendant’s proposal makes this clear. She contended that as the positions on PM3 will not be redundant, that asset is not closing and unless those employees volunteer, they should not be affected or for...

3. [2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 233 KB]

   ...appraisals at LSG. [37] These are the only two opposed interrogatories that I consider the plaintiff is justly entitled to deliver. In a case involving an allegation of unjustified constructive dismissal, the plaintiff’s performance of her job is, or at least may be, relevant. The proposed interrogatories address that issue, are not oppressive, and should be responded to formally by the defendant within seven days of the date of this judgment. [38] To be clear, those interro...

4. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...case where the employer was given the right to alter the roster workers who have trialled the new roster were consciously given a choice. Those words are plain. 23. I understand the workers are being offered grandfathered terms in a lower grade job on the same roster. If the 4 workers who indicated they do not want to go to this new position or the new roster are obliged go to the new position they will be denied the choice contained in option (c) and option (c) is meaningless....

5. CAC 20004 v Kolich & Anor [2014] NZREADT 66 [pdf, 124 KB]

   ...would receive the $10,000 is more plausible and is supported by the fact that Mr Vithal has never paid any part of the money to Mr Kolich and there is a lack of the motive on Mr Kolich’s part. • A lack of motive. [29] The Tribunal’s job therefore is to examine all of this consequential evidence and counsels’ submissions. We remind ourselves that serious allegations such as this while to be determined on the civil burden of proof require more evidence before the Tribunal...

6. [2014] NZEmpC 26 Cross v Onerahi Hotel Ltd [pdf, 150 KB]

   ...approach Mr Gardner generally took to staff issues. Mr Gardner was aware that Mr Cross was studying and needed financial support, which was why he had agreed to loan him $900. He said, and I accept, that he did not want to see Mr Cross lose his job but did want to deal with the concerns that had been raised and have them resolved. I do not accept that Mr Gardner told Mr Cross that Mr Hill wanted him gone, a proposition strongly refuted by both Mr Gardner and Mr Hill. In the even...

7. RS v NC LCRO 70/2011 (17 April 2013) [pdf, 85 KB]

   ...same, I would think so or is there two [Tūpuna]? 3 Letter from RS and AS to the New Zealand Law Society (10 November 2010) pg 2-3. All I can say is that [the Practitioner] wasn’t doing his job as a lawyer because if we are apart [sic] of [Tūpuna], why didn’t he put a submission into the Waitangi Tribunal for the [Area B] and the North of the [Area A], as in [Tūpuna]’s claim Wai:[no.] was starting in 2008. [46] Later...

8. AJ v BJ LCRO 258 / 2011 (18 July 2013) [pdf, 121 KB]

   ...the Practitioner’s explanations, the Assessor’s Report, and all information that has been provided in the course of this review, I do not find the Committee’s reasons for rejecting the Costs Assessor’s Report convincing. The Assessor’s job was simply to value the work done against the fee charged. Time is one of those factors. The Assessor was aware that there were no time records, but he nevertheless concluded that the fee was fair and reasonable. [41] There is nothi...

9. CH v DX LCRO 296 / 2012 (10 October 2013) [pdf, 100 KB]

   ...the financial circumstances of the firm. These changes resulted in redundancies of four staff. If [Mr CH's] name is published then this could have serious economic effect on the economic viability of the firm and possibly result in further job losses. 3.11 Publication of [Mr CH's] name will also affect his partner and employees' dealings with their own clients, and with other lawyers in a small provincial city. 3.12 [Mr CH] accepts the gravity of the Committee&...

10. Waitangi Tribunal - issue 66 of Te Manutukutuku [pdf, 7.1 MB]

    ...dinary number of new claims leading up to the 1 September 2008 deadline. Approximately 1,880 claims were sub- mitted between 5 August 2008 and 1 September 2008 – more than the Tribunal had received in its entire his- tory till then. It was the job of the Tribunal’s reg- istry to initially assess whether each of these 1,880 claims met the criteria for registration, as set out in section 6 of the Treaty of Waitangi Act. By July 2009, roughly 530 claims had been reg- istered. Those re...