Search Results

1. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...of employment were varied to take account of the temporary position, and that it was implicit in their doing so that upon completion of its term, each would return to his previous role. So I do not accept Mr Davenport’s description of the jobs as ―entirely different‖. They were different but associated. [39] Addressing the argument in which this was first raised, however, I consider that this mis-states the position. Coverage by s 81 does not turn on the question of whe...

2. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

   ...Hardie, alleged was Dr Round’s fraudulent conduct. Dr Round was very concerned that his ability to practise law might be affected, even by what he was confident would transpire to be an unmeritorious complaint. [18] Dr Round found alternate job hunting to be both unpleasant and humiliating. He felt obliged to be candid about the circumstances of his dismissal with the recruitment firms with which he had registered his name and that he had no reference from his previous job fro...

3. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...Auckland) Appearances: Iao Metai Ali'imatafitafi, plaintiff Megan Richards and Nick Belton, counsel for defendant Judgment: 15 August 2007 JUDGMENT (NO 2) OF JUDGE B S TRAVIS Introduction [1] The plaintiff was dismissed from his job as a work party supervisor for the defendant, the Community Probation Service (CPS) of the Department of Corrections (the department) on 17 December 2002. The Employment Relations Authority found that his dismissal was justified....

4. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Mr McSherry works in the hospitality industry and has done so for many years, predominantly in Australia. He describes himself as being something of a gypsy, moving between jobs on a regular basis. [2] Mr McSherry returned to New Zealand in December 2014 to attend a friend’s sixtieth birthday. While in New Zealand he signed up with The Recruitment Network Ltd (RNL), a business which places workers in hotels an...

5. NZCVS-Cycle-4-Core-Report-Section-7-Reporting-to-the-Police-fin.pdf [pdf, 520 KB]

   ...anything”, “Didn’t have enough evidence to report it” and “Dealt with the matter myself ourselves”. • The least common reasons given for not reporting were “Tried to report but not able to contact police”, “Happens as part of my job”, “Dislike/fear of police/bad experience before” and “Didn’t want to get offender into trouble”. • Two of the most common reasons given for not reporting fraud and cybercrime offences were “Bank/credit card company dealt w...

6. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...light and some medium work, but could not cope with heavy work full time. He identified a number of work types in the light/medium categories as being appropriate to Mr Beker. [23] In his report dated 6 November 2012, Dr Murray considered that 12 job types were sustainable for Mr Beker although heavy full time work was contra-indicated. [24] Following this, on 19 November 2012, ACC issued its Vocational Independence decision, advising the appellant that his injury no longer preve...

7. Williamson v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 134 [pdf, 244 KB]

   ...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. Dr Robb 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] On 15 January 2018, Mr Williamson was assessed by Dr Johnson, Neurosurgeon. In his assessment, Dr Johnson summarised his si...

8. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...hearing; availability of mental health services appears to be an issue). [70] I conclude that the balance of convenience weighs in favour of interim reinstatement, but on a limited basis (as I will come to). Overall interests of justice [71] Jobs are important and money is often a poor substitute. In this regard the Act has both an educative and regulatory function, which the Court recognises when dealing with applications for reinstatement, both interim and permanent. The poi...

9. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

   SERENITY PILGRIM, ANNA COURAGE, ROSE STANDTRUE, CRYSTAL LOYAL, PEARL VALOR AND VIRGINIA COURAGE v THE ATTORNEY-GENERAL SUED ON BEHALF OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT, LABOUR INSPECTORATE [2023] NZEmpC 105 [13 July 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2023] NZEmpC 105 EMPC 85/2022 IN THE MATTER OF a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN SERENITY PILGRIM, ANNA

10. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

    ...Microsoft in Singapore; and (iii) Kevin Ackhurst and/or Sally Doherty and any person based in the office of the Microsoft subsidiary in Australia; created between 18 June 2009 and 11 December 2009 in which the plaintiff is referred to by name, job title or otherwise. [8] The defendant’s grounds for objecting to disclosure are as follows: 1. The class of documents referred to in paragraph 1 (i) to (iii) inclusive is unreasonably wide in that: 1.1 the class of documents is linke...