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1. Lachlan Paul Graham JONES (CSU-2019-DUN-000038) [pdf, 2.3 MB]

   ...“open” findings are permissible, and sometimes legally inevitable, conclusions in coronial inquiries: 2 It is no reflection on coroners if they find themselves compelled to return an open verdict. It does not suggest that they are not doing their job properly or are insufficiently perceptive. There are many, many cases where there is real doubt as to the cause of death and where an open verdict is right, and where anything else is unjust to the family of the deceased. A coron...

2. NZCASS 2014 Questionnaire [pdf, 1.2 MB]

   ...state] ______________________ 11 No particular reason NOT ON SHOWCARD: 98 Don't know CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM Rotate Q25.1 – 25.6 [Showcard I, page 9] Q25 Now I'd like to talk about people who do different jobs in the criminal justice system in New Zealand. Using one of the options on Showcard I, please tell me how good a job you think each group is doing. [Showcard I, page 9] Q25.1 The police. [Code one only] 1 Excellent 2 Good 3 Fai...

3. [2012] NZEmpC 156 Newick v Working In Ltd [pdf, 226 KB]

   ...Mathieson was. [8] The plaintiff commenced employment with WIL on 15 December 2009, on an agreed salary of $180,000. He was presented with a draft employment agreement two days later. He refused to sign the draft agreement as it did not attach a job description and he took issue with a number of the proposed clauses in it. [9] On 12 February 2010, Mr Ross Mathieson (who was a proposed investor in WIL) advised the plaintiff that he would not invest in WIL unless WIV was integ...

4. [2008] NZEmpC AC 14/08 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [pdf, 80 KB]

   ...kangaroo court and a set up’. He then left. [20] By letter dated 21 February the board wrote to Mr Edmonds confirming that at its monthly meeting on 20 February it “ratified the decision taken by the Poutoko Pem Bird to dismiss you from your job …”. [21] Ms Hurst considered that she had raised the personal grievance on Mr Edmonds’s behalf as required by the Act in both her telephone discussion with Mr Hope on 1 March and in her letter to him of 15 March. She took the vie...

5. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...that the plaintiff is being put to formal proof as to the way the dairy industry was operating given that the defendant has not admitted these allegations contained within the statement of claim and that, in the circumstances, the plaintiff’s job is being made harder by the position being adopted by the defendant. This, it is said, is also contrary to the scheme of s 189. [66] While Mr Young’s intentions in swearing his affidavit may be generally relevant to the circumstances...

6. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

   ...telephone call on Saturday, 19 October 2013 from Mr Burdon. He said that Mr Burdon told him that, based on the evidence he had, it was cut and dried that Mr Morunga had committed the action he was accused of and that there was no way he could keep his job. He then asked Mr Prebble to find out whether Mr Morunga had any further information he wanted to give. Mr Prebble said that, given the feedback he had received, he did not wish to bother Mr Morunga with that news of the decisio...

7. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...concerns would be discussed in a mediation carried out under s 144 and related sections of the Act. The plaintiff alleged that during mediation her concerns were not discussed and the subject matter of the mediation was instead a review of her job performance. She contended that evidence concerning the subject matter was relevant and admissible as to the issue of whether the defendant had acted fairly and reasonably in accordance with its agreement to discuss the alleged bullying...

8. [2013] NZEmpC 117 Morgan v Whanganui College Board of Trustees [pdf, 163 KB]

   ...the seriousness of that situation, Mr Morgan engaged a legal representative to both advise and represent him. Accepting that he had misconducted himself, Mr Morgan wished to obtain the best outcome possible including the retention of his job and the avoidance of professional disciplinary investigation and sanctions. [45] The purpose of the legal representatives speaking “off the record” was to explore potential agreed outcomes including, from Mr Morgan’s point of view...

9. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...did not. Ms Khetarpal seeks to excuse this element of the falsity on the basis the occupation listed on the form plainly did not qualify, accordingly “any [Immigration New Zealand] officer processing the EOI would immediately determine that the job was not skilled employment”. Accordingly, the false declaration of compliance was plainly wrong, and accordingly excusable. Ms Khetarpal’s “extensive experience in the immigration industry [allows the Tribunal to infer] she would be lik...

10. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

    ...did not. Ms Khetarpal seeks to excuse this element of the falsity on the basis the occupation listed on the form plainly did not qualify, accordingly “any [Immigration New Zealand] officer processing the EOI would immediately determine that the job was not skilled employment”. Accordingly, the false declaration of compliance was plainly wrong, and accordingly excusable. Ms Khetarpal’s “extensive experience in the immigration industry [allows the Tribunal to infer] she would be lik...