Search Results

1. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...that they should be reinstated, and awarded other remedies. [3] The CAA pleads that vaccination against COVID-19 was a mandatory requirement under the law for this class of worker, and that it was not possible to either modify the applicants’ job description so as to avoid the effect of the applicable legal requirements, or to redeploy them. [4] The applicants sought interim reinstatement to their former positions based on their alleged dismissal grievances, an application that...

2. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...relied on by Mr Langston, the Court cannot conclude Mr Langston was rendered incapable of performing his employment by reason of his personal injury. Likewise, the medical reports do not say Mr Langston was incapacitated when he left his various jobs. In the event, I find that Mr Langston extrapolates incapacity from the evidence he relies on and in turn, makes his own assessment of incapacity. That said, it is understandable given the problems Mr Langston acknowledged of no early m...

3. [2025] NZEmpC 152 Tillmans Fine Furniture Ltd v Rookes [pdf, 250 KB]

   ...there is a genuine reason for the fixed term and for employment to finish when the term ends. The reason for it being fixed term, and finishing at the end of the term, is the employee will have a reasonable amount of time to search for a new job after the Christmas/New Year holiday season finishes. The employer has explained why employment will finish when the terms ends [sic], and the employee has had a chance to get advice on this. The employee has the legal right to work in New...

4. Widdowson v Bekx [pdf, 166 KB]

   ...Council relied totally upon Builders to request inspections from the Council. That is to say the Council was reactive, not proactive. He said that there was no system in place at that time (although there is now) for the Council to check upon a job if there had been no request by a Builder for an inspection for some time. Although of course Mr Boys did not say so the regime in operation at that time for inspections relying as it did solely upon the Builder to request and activa...

5. E93 Craig Fitzgerald - Noise and Vibration - RE – Applicant [pdf, 11 MB]

   31088866_1.docx BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2018-AKL-000078 IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority REBUTTAL EVIDE

6. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...complainant provided information about herself in response to Mr Gu’s questions. Mr Gu advised regarding the fees. [13] On 29 September 2016, Mr Gu told the complainant that he had basically prepared all the materials. The most important was the job description. He said that “Helen” would change the job description. While not explained in the texts produced to the Tribunal, Helen is a friend of Ms Hill and Mr Gu who previously worked at Immigration New Zealand and on the...

7. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

   ...“...preventative and breakdown maintenance on all mechanical systems and equipment, and in regard to electrical systems and equipment ... first level diagnosis on faults and undertake electrical repair up to the level authorised...”. [22] His job description included key performance indicators as to electrical and mechanical maintenance which required him to: 9 1 July 2021 – 30 June 2022. • maintain detailed maintenance records; • undertake preventative...

8. [2007] NZEmpC 6A/07 Otago Taxis Ltd v Strong [pdf, 96 KB]

   ...September 2007 JUDGMENT OF JUDGE B S TRAVIS [1] The defendant claimed she was unjustifiably dismissed from her part-time position as a taxi dispatcher by the plaintiff’s manager, Ms Katherine Ritchie, who, she says, ordered her off the job. Ms Ritchie claimed the defendant abandoned her job or resigned. The resolution of this conflict will determine this challenge. [2] The Employment Relations Authority, in a determination dated 3 November 2005 (CA 143/05), resolved...

9. [2011] NZEmpC 127 Bishop v Bennett [pdf, 162 KB]

   ...understand that with a $27,000 tax loss over 2 years the only option left is to close the business down which is something we should of done 3 years ago. We have kept it going because we care about you and we would have of liked to have kept you in a job. I regret to advise that Debtor Communications is not generating enough business to be able to pay you for 6 hours work a day the best we can offer you is part time hours on call when there is enough work to be done. There are...

10. [2012] NZEmpC 137 Glenmavis Farm Partnership (2007) v Todd [pdf, 163 KB]

    ...employee and the employee’s family are not deprived of their housing and often their links to a locality as a direct result of a dismissal. In farming cases such as this, however, accommodation (including for family members) comes and goes with the job. So, to use Mr Todd as an example, not only did he have to find another employment position in his area of expertise, farming, but also he and his family were turned out of their rental accommodation on the farm as a result of his...