Search Results

1. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...the fixed term and the reason for it. (g) Appointment to a fixed term was permissible under the collective agreement. (h) Mr Hickey knew throughout that his employment was to end, evident in his requests for an extension and applying for other jobs. [46] The legitimacy of this fixed term agreement was said to be driven by the reality of funding from MFAT which defined its scope. On this analysis, it is immaterial that Mr Hickey was at the beginning of an inquiry into his behavio...

2. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...letter also raised that the Master’s son had been employed to work as a cook with Ms Ashby. The letter from the lawyer advised that Ms Ashby did not want to cause issues for the company, or for the Master, and that she genuinely loved her job. She did, however, seek to change to the second swing shift, so that she did not have to work with the Master. [20] At that stage, Ms Ashby commenced sick leave, but she met with Mr Foothead and the Human Resources Manager to di...

3. Williamson v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 002 [pdf, 356 KB]

   ...chronic variable fatigue was pre-existing for around 30 years, and although it appeared to have been exacerbated by the event of 2 March 2017, it was not caused by it. He concluded that Mr Williamson was unable to work in his pre-injury part time job as a firewood contractor and that he would benefit from referral to a pain specialist for better management. [8] Mr Williamson was assessed by Dr Johnson, neurosurgeon, on 15 January 2018. In his assessment, Dr Johnson summarised his...

4. [2013] NZEmpC 54 Checkmate Precision Cutting Tools Ltd v Tomo [pdf, 85 KB]

   ...restructuring and that there was no longer a need for Mr Tomo’s role. He said that an agreement followed, that Mr Tomo’s role would be made redundant and that he would receive six weeks’ notice of termination and paid time off to attend job interviews or WINZ appointments to a value of $500. Mr Quin said that the meeting came to an end at this point because an agreement had been reached. Mr Kiff’s evidence was to similar effect. Mr Quin said that he escorted Messrs Tomo...

5. [2010] NZCA 563 CA500/2010 Melville v Air New Zealand Ltd [pdf, 37 KB]

   ...how to move the matter forward and did not expressly request the union to raise her grievance with the defendant. She left it in the hands of the union to progress the matter. Mrs Melville confirmed that she had told Mr Townsend that she wanted her job back. [14] X gave evidence that at no stage had Ms Melville instructed her to raise a personal grievance, relating to her dismissal. The Judge’s decision [15] The Judge first had to determine what exactly had been “raised” by M...

6. [2019] NZSSAA 7 (14 February 2019) [pdf, 119 KB]

   ...into account the amount of his United Kingdom pension. [5] On 27 February 2017, the appellant made another appointment to discuss portability of his NZS to Germany. He said he was leaving New Zealand permanently on 15 March 2017 to take up a job offer in Germany. He gave an address in Germany. [6] In the course of investigating the application for portability, the Ministry obtained Customs New Zealand records of the appellant’s travel to and from New Zealand. Based on thes...

7. FFNZ - EiC - M L Lord (5 Feb 2021) [pdf, 188 KB]

   ...computer experts just to get through the day. This is particularly the case given they need to make sure they are complying with all of the plans and regulations before them. This all adds to on-farm stress as it takes farmers away from their main jobs – working on the farm. 27. What worries the Trust is that while M. bovis has been incredibly stressful and significantly impacted those who were affected, it only affected a limited number of farmers directly. PC7 affects a...

8. [2022] NZEmpC 114 STL Linehaul Ltd v Waters [pdf, 204 KB]

   ...was a difficult time for him, particularly as his parents and other family were overseas at the time and unable to provide support. [22] Mr Waters says that he thought about the way he had been treated for at least a month and that losing his job so suddenly without any good reason played on his mind and was very upsetting to him. He spoke to other impacts on his wellbeing. He says he felt worthless. He also says he was “really angry about how this had all happened and in suc...

9. [2022] NZEmpC 201 Young v Port of Tauranga Ltd [pdf, 216 KB]

   ...the offer of redeployment ought to have included the grandparenting of his salary. In a situation where an employee’s employment is potentially in jeopardy, it is expected that the employer will consider alternatives to the person losing their job. Again, these arguments meet the low bar for a serious issue to be tried. [23] The remaining argument in relation to obligations to investigate the safety of the COVID-19 vaccination is not seriously arguable. If the Order applied t...

10. N Ltd v EB [2023] NZDT 469 (5 September 2023) [pdf, 239 KB]

    ...link to make a booking online, and some information about pricing and terms and conditions (discussed in more detail below). 5. In April 2022, EB sent N LTD an email authorising them to service the mooring again. 6. N LTD carried out the job in November 2022. They lifted the mooring and inspected it. They identified the need for some repairs, including replacement of the head rope. 7. On 14 November, N LTD sent EB a report of the inspection and an invoice for $1,474.31....