Search Results

1. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...remuneration. In Sam’s Fukuyama case, the Court of Appeal confirmed that the Court has the same discretion as the Authority under s 128 of the Act. [20] The Authority accepted that Ms Gini was earning $780 per week gross at the time she lost her job and it also accepted that she had made reasonable attempts to mitigate her loss by looking for alternative employment. It went on to say: [36] In all the circumstances of this case, I consider that Ms Gini is entitled to three mon...

2. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

   ...particularly in the early stages, and extended a considerable amount of support to him, including financial support. Mr Robinson tended to downplay his employer’s actions during the course of his evidence. [13] Mr Wilton told Mr Robinson that his job would always be there for him. As Mr Wilkin pointed out, the comment was made shortly after the incident and before the extent of Mr Robinson’s injuries, and duration of his incapacity, was known. [14] It is clear that Mr Wilto...

3. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...dismissal he had been employed by Amcor for approximately 22 years. He was a senior tradesperson in charge of a 16S printer which he operated with a printers’ assistant. [5] The 16S printer is a large machine used for significant printing jobs, running anything from one to five jobs per shift. When in production the printer operates very quickly, at speeds of about 240 metres per minute, or approximately 14.4 kilometres per hour. Mr Gillan’s main tasks on the printer we...

4. [2021] NZEmpC 137 Coetzee v Oamaru Meats Ltd [pdf, 280 KB]

   ...restructuring was a proposal and his response to it was regarded as critical. He was informed that nothing would change until all the feedback had been considered. [10] Mr Coetzee’s initial response to the proposal was that it did not apply to his job or to him. He claimed to have moved on from the position of maintenance electrician, dealt with in the proposal, and to have taken up the role of maintenance manager. In this response, he asserted that the effect of Mr Thorp’s...

5. [2024] NZIACDT 15 – YT v CX (14 May 2024) [pdf, 290 KB]

   ...procedure, though the complainant was advised of its existence. 3. The total service fee was RMB 100,000. It was agreed between the complainant and Mr L. Only the second instalment of RMB 80,000 was paid. 4. The complainant used their ongoing job support service many times during his four months in New Zealand. 3 The Tribunal observes that many of the messages are duplicated, often more than once. 5 5. Ms K’s work was clerical only. She collected and sorted i...

6. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...discussion about the nature of the engagement. Mr Shazell did not turn his mind to anything other than the hourly rate whereas Mr Kiwikiwi perceived himself being taken on as a permanent part timer on a month’s trial with the prospect of a full time job at the end of it if he was suitable. [16] Mr Shazell has no memory of the discussions about the 1 month trial period. On this point, I prefer the evidence of Ms Doughty and Mr Kiwikiwi. This was an issue that was important to M...

7. [2009] NZEmpC AC 6A/09 Bay Milk Distributors Ltd v Jopson [pdf, 41 KB]

   ...the company’s delivery operations. The assessment was to determine which drivers and other staff would be best suited to operate these revised and reduced schedules. [7] As a result of that exercise Mr Jopson and another employee lost their jobs for redundancy. Both challenged their dismissals in the Authority although, as already noted, the other employee’s case is not now before the Court. The Authority’s determination [8] It correctly identified the statutory test in s1...

8. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...7 Nathan v Broadspectrum (New Zealand) Ltd [2017] NZEmpC 90 at [19]. 8 At [18]. 9 At [26]. 10 At [47]. 11 At [79]. 12 Nathan v Broadspectrum (New Zealand) Ltd [2017] NZEmpC 116. 13 At [15]. to his former job unless it was satisfied he was safe.14 Instead he was invited to undertake scoping work,15 which the company considered complied with the Court’s decisions.16 Scoping work is associated with decommissioning the lines network. This applic

9. [2020] NZIACDT 16 - NL v Joseph - Sanctions (12 March 2020) [pdf, 99 KB]

   ...REPRESENTATION: Registrar: S Pragji, counsel Complainant: A McClymont, counsel Adviser: Self-represented 2 INTRODUCTION [1] The complainant, Ms NL, instructed Mr Ashar Joseph, the adviser, to seek a work visa based on a job offer from a business in which Mr Joseph had an interest. He told a staff member to sign the relevant employment documents in the name of the business owner. They were provided to Immigration New Zealand. The owner initially denied know...

10. [2022] NZACC 16 – Forde v ACC (26 January 2022) [pdf, 263 KB]

    ...ACC45 injury claim form was completed with a diagnosis of post-concussion syndrome and the suggested treatment was “OT for specialist opinion re post-concussion syndrome and assessment”. [5] On 1 July 2014, the appellant resigned from his job as a commercial drainlayer, a job involving driving heavy machinery and trucks. He informed ACC of his resignation on 3 July 2014. [6] On 7 July 2014, a concussion service report was completed noting that the appellant had resigned...