Search Results

1. Justice Sector Crown Law forecast 2014 to 2018 [pdf, 153 KB]

   ...2014-15. The fall in Crown Law’s cases on hand is partly due to the downward trend of case inflows for Crown Law and a recent decrease in time taken for some types of case to be disposed. The two may be connected, since a fall in inflow would release resource, and this could result in less time being taken to process cases. We are aware, however, that we have not seen the full consequences of CPA – in particular, we do not yet know the behaviour of the more complex, longer cases that...

2. [2007] NZEmpC WC 3/07 Tamarua v Toll NZ Consolidated Ltd [pdf, 46 KB]

   ...had no explanation to persuade them otherwise. [41] I have considered the challenge to the award of costs in the Authority. This is a case where the circumstances of the parties is an important factor. The defendant is a large, well resourced company. It is quite evident that Mr Tamarua would be unable to meet any award of costs without considerable hardship. He is now financially supported by a sickness benefit but this barely pays enough to get by on. His wife and...

3. [2007] NZEmpC WC 11/07 Smith v Nga Kairauhii Trust [pdf, 52 KB]

   ...effect on rights and liabilities of any persons, I accept that precious funds that might otherwise be spent on the Trust’s health objectives may have to be employed in defending litigation. On the other hand, no defendant wishes to expend its resources on legal costs in proceedings such as these and many claims are able to be and are brought against employers who perform valuable social services with limited funding. The injustice to the intending plaintiff of not being able to...

4. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

   ...photocopying confidential documents and handling large amounts of cash and was anxious that his position be protected from any negative consequences of this. He spoke to Mr Shazell about these concerns and as a result for the first time the human resources manager prepared a role profile for this position as follows: • The effective, error free supply of teleprompt script and operation of teleprompt equipment • Ensure script is accurate and formatted for presenters in a timely...

5. [2011] NZEmpC 17 Clarke v AFFCO NZ Ltd [pdf, 108 KB]

   ...questions of a number of witnesses about significant disputed events and recorded selectively only some responses to questions which could have led to allegations of predetermination. The defendant is a substantial company with professional human resources staff and training programmes for relevant managers including in investigations that may lead to sanctions as serious as dismissal of employees. I recommend to the defendant that it take advice about its managerial training for...

6. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...and undermining their confidence in the process given the high degree of reliance and trust they often place on counsel who has been with them from the outset. 4. The situation with respect to employer clients varies depending on size and resource. A specialist employment firm depends on the retention of these clients that provide repeat business while for smaller and medium sized businesses and organisations, the reason for wishing to retain counsel is not significantly dif...

7. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...dispute. The Wellington branch secretary of the union has alleged in an affidavit that he was informed by the then general manager of the respondent that the company had such a policy, but in an affidavit filed in response, the respondent‟s human resources manager denies that proposition. He deposes that the respondent has no such policy and claims that each case is considered on its merits. This dispute of fact can only be resolved by a full hearing. If the respondent does not...

8. [2010] NZEmpC 36 T & L Harvey Ltd v Duncan [pdf, 49 KB]

   ...competent representation of their choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage two representatives or to otherwise devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, he or she cannot expect to recover from an unsuccessful opponent any contribution to the extra cost incurred.

9. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...support of it. More particularly, it says that the employer’s last offer to the union of 26 May 2010 was rejected by union members who responded with a picket of the hotel on 16 June and a strike starting on 17 June 2010. The defendant’s human resources manager, Chloye Chen, says that “The defendant decided to lock out the striking employees with a view to persuading them to accept our last offer.” [21] Although this is only an interim hearing at which the evidence has not...

10. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

    ...were conditional upon the immediate filing of those substantive proceedings in the Authority once the search order has been executed. I was also satisfied by the affidavit evidence from the plaintiff’s accountant that it has ample financial resources to meet an order for damages pursuant to the undertaking it has given. [5] I made an interim suppression order relating to the affidavit evidence of the plaintiff’s financial situation and directed that it not be served on the de...