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  1. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

    ...asked to run the shift (as above) in the absence of the rostered Shift Supervisor, resulting in the employee becoming the Shift Supervisor for a specific shift. [11] It was common ground that the defendant’s employees are not employed in a job or position as Shift Supervisors – Sole Charge as is apparent from cl 3.2; it is a role that is performed as required. Each employee is a “Team Member” who must be paid in accordance with the tables in cl 3.1 and, depending on the rol...

  2. [2010] NZEmpC 82 Goodfellow v Building Connexion Ltd t/a ITM Building Centre [pdf, 44 KB]

    ...Goodfellow’s loss was not “as a result of the personal grievance” because he did not properly attempt to mitigate his loss. There is some weight in that submission. Mr Goodfellow gave little if any evidence of specific attempts to obtain particular jobs. Indeed, he agreed that he had not applied for any jobs. In order to establish a sufficient attempt to mitigate loss, however, it is not essential to show that jobs were actually applied for. The statutory consideration is...

  3. EMPC Document bundle example [pdf, 125 KB]

    ...to this employment agreement are: 1. An Employer, the "Employer"; and 2. An Employee, the "Employee". 2 The Position and the Duties 2.1 Position The Employee is being employed as XXXXXXX. 2.2 Duties as set out in the job description The Employee shall perform the duties set out in the Job Description attached to this agreement. 2.3 Reporting The Employee shall report to XXXXXX or to any other representative of the Employer designated from time to time by...

  4. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

    ...October 2005. [6] Both Mr Smith and Mr Makara are trained to operate the coil slitter and do so from time to time when the usual operators are unavailable. Their employment agreement permitted Southward to require them to transfer to other jobs within the scope of its operations if they were competent to perform those jobs. [7] In this proceeding, the Court is not otherwise concerned with the facts. They must be for the Authority to determine. What we must decide are...

  5. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

    ...He produced extracts from newspapers and the police Ten-One magazine to support his contention that a number of police officers have rejoined the police after long absences. The police Ten-One magazine stated that four constables who left the job an average of 16 years ago had rejoined under a pilot programme that allowed them to retrain in their own district. This programme was said to have been successful. He gave evidence that a number of people had joined the police for the f...

  6. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

    ...explain any reason why Aso’s job could be affected. We presume your demolition business will continue so therefore there is no reason why you should consult with yourself over Aso’s continuing employment. Any change you make to the cleaning jobs should not affect the role of the demolition staff. Before we can participate in any consultation we need to have full details of your ongoing business plans and the reasons you have for any changes. [19] Doctor Blake responded to Mr O...

  7. Regeling - Orokawa 3B Residue (2008) 127 Whangarei MB 169 (127 WH 169) [pdf, 2.6 MB]

    ...oppose the paltition. [6] The application next came before the COUli on 10 April 2006. Once again, Jacob Regeling spoke for his wife. He spoke of a meeting of owners being held five years previously and the Maori Trustee having not completed his job under the 1953 Act to paliition the land. He claimed that owners holding 1,9 17 shares supported the application. Some owners were unable to attend the hearing and requested an adjourlUuent of the application. Ken Povey and Virginia Po...

  8. National Standards Committee 1 v Peters [2019] NZLCDT 39 [pdf, 248 KB]

    ...trained in psychiatry or psychology but it seemed to me that he was aware of things and, probably okay to give someone instructions if he decided to at any stage to instruct a lawyer, which he could do later on if he wanted to.” (b) “Your job is simply to get things moving, and say, discuss the issues of bail or name suppression, whether they want to apply for legal aid, and of course those are the main things that a duty lawyer would look at, and all three cases here he was not m...

  9. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

    ...[1] Mr [KEN], the adviser, is based in Australia. At the relevant time, he was a contractor to New World Immigration (New World), based in Cape Town, South Africa. [2] Mr [TT], the complainant, was also based in Cape Town. He was expecting a job offer from New Zealand. When he approached New World for immigration assistance, [Mr P] and [Mr Q] met and advised him. They are both unlicensed. He had no contact with the adviser. As the complainant was unsuccessful in obtaining the...

  10. [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [pdf, 448 KB]

    ...writing at the time, but they were summarised subsequently in an email sent to her on 29 April 2016. The reasons were: (a) about her team work, specifically regarding her comments to the effect that everyone else was hopeless and doing a terrible job, and that she could not understand why they were employed; and (b) that she was quick to react in a negative way and needed to consider how she came across and interacted in some situations. The grievance [25] All of the subseque...