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1. [2011] NZEmpC 71 Gaut v BP Oil [pdf, 174 KB]

   ...BURGESS GAUT Plaintiff AND BP OIL NEW ZEALAND LIMITED Defendant Hearing: 4 - 6 April 2011 (Heard at Timaru) Appearances: Tim Jackson, advocate for the plaintiff Samantha Turner and Simon Clarke, counsel for the defendant Judgment: 23 June 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] On 25 March 2009, Mr Gaut was summarily dismissed from his employment with BP Oil New Zealand Limited (BP) for swearing at his manager. He had been employed as a...

2. OX v XX Standards Committee LCRO 180/2015 (4 October 2016) [pdf, 456 KB]

   ...have been fully canvassed on review and are discussed in the Analysis section below. [52] There is no general criticism of Mr OX’s competence. The basis of the Committee’s first adverse finding is that in this case against his own better judgement, colloquially put, Mr OX bit off more than he could chew. There is some evidence to suggest that he found the experience quite stressful, which would not be surprising in the least in the circumstances Mr OX describes. He also say...

3. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

   ...Young was at pains before the Tribunal to establish that he had merely attended as translator, and that only when Judge Fleming raised the issue did he go to the Court office and sign a document to establish his standing to represent Mr Z. In her judgment, the judge noted Mr Young’s appearance as counsel for Mr Z. [15] In the absence of Mr Young’s Justice of the Peace witness, we can give no weight to that witness’s affidavit. Despite Mr Young’s submission that Mr Z appea...

4. [2022] NZREADT 16 - CAC 2102 v He & An (15 August 2022) [pdf, 172 KB]

   ...the parties to the agreement to sign the relevant clauses was not followed. He submits that Mr He then believed that Mr An would finalise the steps required of him to complete the backup ASP. He submits that this was a mistake and a lapse of judgement on Mr He’s part. Mr Perry submits that this flawed process and the procedural failings that occurred on the part of Mr He ought to result in a finding of unsatisfactory conduct only. [72] With regard to the discussions during the...

5. Waitangi Tribunal - District 11 Wairoa [pdf, 2.4 MB]

   il i j f: ,., i ! I I j I .' f t [J 11 . I , I , ! : I , I I I 1 I ! i DUPLICATE Woi cgq4 'A 110 RANGAHAUA WHANUI DISTRICT I le WAIROA JOY HIPPOLITE NOVEMBER 1996 WORKING PAPER : FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES ~ ' .. Other Rangahaua Whanui reports District reports District 1: Auckland, R Daamen, P Hamer, and B Rigby District 7: The Volcanic Plateau, B Bargh District 9: The Whanganui District, S

6. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...LIMITED Defendant Hearing: 11 and 12 February 2013 And by further written memoranda filed on 18 February and 1 March 2013 (Heard at Nelson) Appearances: Anjela Sharma, counsel for plaintiff Maree Kirk, counsel for defendant Judgment: 12 March 2013 CHIEF JUDGE G L COLGAN [1] The issues for decision in this challenge by hearing de novo from a determination 1 of the Employment Relations Authority are: Whether Lynette Turner’s personal grievance was...

7. [2015] NZEmpC 89 Ngawharau v The Porirua Whanau Centre Trust [pdf, 251 KB]

   ...AND THE PORIRUA WHANAU CENTRE TRUST Defendant Hearing: 24 February and 8 May 2015 (heard at Wellington) Appearances: B Paradza, advocate for the plaintiff A Knowsley and N Manuel, counsel for the defendant Judgment: 12 June 2015 JUDGMENT OF JUDGE A D FORD Introduction [1] Between February 2012 and June 2013, the plaintiff, Mr Ngawharau, was employed by the Porirua Whanau Centre Trust (the Trust or the defendant) in the role of Soci...

8. QW v RH LCRO 166/2012 (18 October 2016) [pdf, 126 KB]

   ...mother, were pre-empted by counsel for Mr RH having copied them directly to Mr KN at the same time as sending them to this Office. and a Deed of Settlement in proceedings brought by Mr QW’s mother against Mr RH and BN’s widow as trustees; and judgments in proceedings before the High Court and Court of Appeal brought by Mr QW against the trustees regarding the non-disclosure of trust documents, that are the subject of the recent appeal to the Supreme Court.

9. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

   ...STRUCTURES (NZ) LIMITED Plaintiff AND ADRIAN ROTTIER Defendant Hearing: 17 and 18 May 2020 (Heard at Rotorua) Appearances: K A Badcock and L Badcock, counsel for plaintiff J Wynyard, counsel for defendant Judgment: 30 June 2021 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Adrian Rottier brought unjustified disadvantage and dismissal grievances against Concrete Structures (NZ) Ltd (CSL), which were upheld in the Employment...

10. [2018] NZEmpC 154 TUV v WXY [pdf, 512 KB]

    TUV v WXY NZEmpC CHRISTCHURCH [2018] NZEmpC 154 [18 December 2018] IN THE EMPLOYMENT COURT CHRISTCHURCH [2018] NZEmpC 154 EMPC 6/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TUV Plaintiff AND WXY Defendant Hearing: 31 July and 1 August 2018 and further submissions dated 8 August and 26 and 27 November 2018 (Heard at Nelson) Appearances: A Douglass and C McCarth