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1. [2011] NZEmpC 67 Pivott v Southern Adult Literacy Inc [pdf, 93 KB]

   ...likewise do not meet the s 178 tests. [22] Next, Mr O’Sullivan submits that Ms Pivott will argue that the first defendant or the defendants prevented her from knowing, until the last minute, of a contract that was so varied that it destroyed her job. This is said to have been a deliberate act of ―oppression‖, the only foreseeable consequence of which was ―either abject capitulation or forced resignation‖. Mr O’Sullivan says that both plaintiffs will argue that manage...

2. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...Commercial Limited (Thermosash) in October 2000. He suffered an injury in 2007 and was assessed as being medically unfit for work on 24 October 2007. He remained off work for some time. Thermosash advised Mr Kim that the company could not keep his job open for him, and his employment was terminated on 31 January 2008. [2] Mr Kim subsequently raised a personal grievance. In the Employment Relations Authority Thermosash argued that the claim was barred by s 317(1) of the Acciden...

3. Regulatory Impact Statement Private Security Personnel and Private Investigators Act 2010 regulations [pdf, 211 KB]

   ...confidence in the industry against ensuring that the regulatory requirements are achievable and enforceable. Important considerations included: the casual and transient nature of the workforce in some security roles; accessibility to on-the-job training and assessment; potential cost burden on security firms and individuals; and long term benefits for the industry and public. Non-regulatory options Continuing to rely on the voluntary uptake of training will not achieve the...

4. [2008] NZEmpC WC 8/08 Sealed Air (NZ) v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 39 KB]

   ...WORK”) is relevant. This includes the following provisions: Workers party to this variation agree that, they shall work such reasonable hours as are required by the Employer and perform any and all duties that fall within the general scope of their job description, to the Employer’s satisfaction. Roster patterns and daily hours will be worked as or when required by the Employer and, so far as is possible, be arranged in accordance with the wishes of the workers [16] Although t...

5. Revill v Registrar of REAA [2011] NZREADT 41 [pdf, 125 KB]

   ...that in 1994 the applicant was selected by the Justice Department (or the Corrections Department as it may have then been) to become a prison officer, despite having a criminal record disclosed. However, he subsequently felt obliged to resign that job as a corrections officer due to the attitude of a person at the departmental training college towards his criminal record. A particular instructor at the Department’s training college managed to have the applicant technically dismissed o...

6. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

   ...concerned at reports of persistent discrimination against migrants, particularly of Asian origin, in the labour market, including reports of inadequate recognition of their educational qualifications, which leads to their concentration in low- paying jobs (arts. 2 and 5). The Committee recommends that the State party ensure the full and effective enforcement of the measures taken to protect Asian migrants, including targeted measures to strengthen equal access to the labour market in...

7. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...(c) and (d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). [1.2] He dishonestly prepared and submitted documentation to Immigration New Zealand to support his client’s residence application. In essence, he drafted a job description to fit an immigration requirement, rather than one that described what his client in fact did. Accordingly, the Tribunal found Mr Mudaliar engaged in dishonest and misleading behaviour, which is a ground of complaint under section...

8. [2016] NZSSAA 057 (16 June 2016) [pdf, 86 KB]

   ...Background [2] The appellant is 66 years of age. He is married. He is a citizen of Singapore. He first arrived in New Zealand on 8 January 1998 and was granted permanent residence in New Zealand in June 2000. [3] The appellant was granted Jobseeker Support on 2 December 2013. He was then granted New Zealand Superannuation on 9 October 2014. His wife was included in the grant as a non-qualified spouse. [4] The Ministry first asked the appellant to test his eligibility for a pens...

9. INZ (Foley) v Niland [2019] NZIACDT 16 (19 March 2019) [pdf, 126 KB]

   ...in New Zealand. Each had a client agreement with Immigration Placement Services Ltd (IPS), a New Zealand registered company operating in both New Zealand and the Philippines. None of its staff were licensed immigration advisers. IPS secured jobs in New Zealand for Filipino workers, who would then be represented by Ms Niland for their visa application. Ms Niland was a party to what was a tripartite agreement between IPS, the client and herself. [4] The Tribunal found that Ms Ni...

10. [2019] NZSSAA 19 (1 April 2019) [pdf, 153 KB]

    ...for the Ministry of Social Development DECISION Background [1] XXXX (“the appellant”) was granted a Domestic Purposes Benefit in 1995. Apart from a brief period, she remained on that benefit until 15 June 2013 when it changed to Jobseeker Support due to welfare reforms. She was told that transition arrangements, referred to as grandparenting provisions, allowed beneficiaries who were receiving a main benefit and studying full time to transfer to Jobseeker Support....