Search Results

1. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...[34] The second meeting was with Mr Murphy, represented by Wayne Ruscoe. At an early stage of the meeting, Mr Murphy gave management the statement he had written shortly after the events on 6 December 2005. It read: I was putting a cutplate job in our dispatch area noticing that two pellets of floor plate had been put over the walkway sharp end approx 300mm over yellow line (hazard). I called to Chooky (Robert Fowler) and indicated that it needed moving (he is storeman for that ar...

2. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...Ms Smith was interviewed by Ms King and Mr Kearns. Ms King said to Ms Smith that she and Mr Kearns would be taking over the business on 1 October 2009. On 14 September 2009 Ms King telephoned Ms Smith to say that the plaintiff had “got the job” and that a contract would be sent out in the mail which would probably arrive the following week. In the event, the outgoing employer (Mrs Cook) handed Ms Smith a letter and attached draft contract at work on 29 September as the Cooks...

3. The sex industry in New Zealand: a literature review [pdf, 470 KB]

   ...into the industry. Workers in massage parlours stressed two major attractions – more money and more freedom. However, while money is often the driving force interviews with women in the sex industry have revealed that some have left well paid jobs to work in the sex industry for other benefits. Amongst those cited have been the relative freedom to work their own hours to accommodate childcare or study responsibilities and the high level of camaraderie they experience in their relation...

4. [2024] NZEmpC 147 MW v Spiga Ltd [pdf, 740 KB]

   ...representatives, including unions, advise individuals that this may be the case. A number of judgments have acknowledged this perceived potential detrimental impact of publication, particularly of an employee’s or former employee’s name on their future job prospects, most commonly citing Mr Crichton’s address.103 [72] We have some sympathy for the criticism several interveners had of the evidential basis for such observations. While judges in this specialist jurisdiction ma...

5. [2007] NZEmpC AC 52/07 General Distributors Ltd v National Distribution Union [pdf, 91 KB]

   ...that time. The document stressed the closure was not a reflection on the efforts of the staff and stated: We recognise continuity and security of employment is paramount to our employees. We are pleased to confirm that there will be NO loss of jobs. All team members will continue to be employed by GDL on their current terms and conditions (i.e. wages, days, hours etc,) as we will, with your input, transfer you to another store. None of your terms and conditions will change unless y...

6. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

   ...extent of the remedies to be awarded. [53] The plaintiff has had considerable difficulties in obtaining other employment since his dismissal. Mr Pollak did not seek to contest the plaintiff’s evidence that he has tried very hard to find other jobs, had managed to find part time employment but has very recently been made redundant from that job. The plaintiff’s financial situation has been exacerbated by his wife’s recent redundancy. The remedy of reinstatement has therefor...

7. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...resignation he was working three 12-hour shifts on Monday, Tuesday, and Wednesday. By then he was operating a sophisticated guillotine machine which air-lifted stacks of paper for cutting. [10] The machine ran 24 hours a day. Smaller cutting jobs were done on another machine. From 2000 there were 4 guillotine operators each working 12-hour shifts and another operator, Keith Riddick, who worked the day shift in the position of guillotine/padding. [11] In 2002 a consu...

8. [2009] NZEmpC AC 30/09 Masonry Design Solutions Ltd v Bettany [pdf, 74 KB]

   ...the Employer in good faith in all aspects of the employment relationship; (v) Comply with all policies and procedures (including any Codes of Conduct) implemented by the Employer from time to time. (vi) Take all practicable steps to perform the job in a way that is safe and healthy for themselves and their fellow employees. … 6 HOURS OF WORK The Employee’s hours of work shall be between the hours of 9.30am – 6.00pm, Monday to Friday inclusive. The Employee may also be...

9. [2013] NZEmpC 131 Young v Bay of Plenty DHB [pdf, 83 KB]

   ...breach of a contract, a claim for unfair dismissal only begins with the employer’s fundamental breach … The purpose and effect of the sequential provisions for judgment and redress can fairly be said to be the recognition of a vested interest in a job – something of a different order from the common law’s view of a job as a simple contract which can be broken by a party willing to pay the appropriate price for breach. … [25] In our judgment a claim for reinstatement or re-engag...

10. Jang v Tse [pdf, 92 KB]

    ...for payments to be made to Mr Yan and Mr Deng. Contractors may have been employed by Mr Yan but it appears they were paid from money supplied by Mr Tse. Certainly that would have been required to be done because he was the owner having the job completed. 8.6 I have formed the view that Mr Tse was responsible for the building of the dwellinghouse sufficiently to impose on him a duty of care. It may be that that duty of care is no greater than the contractual obligation he had...