Search Results

1. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

   ...witnesses’ recollections of events which, by the time of a substantive hearing, would have occurred more than four years previously. [43] The respondent says that he will be prejudiced by having to commit additional and limited financial resources to a case of that antiquity as well as finding it difficult to gather evidence from witnesses, including other staff members and former students. In particular, most former students will inevitably have left the institution an...

2. [2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd [pdf, 336 KB]

   ...surprised to find these documents attached to the collective agreement, and at Mr Yukich’s insistence that they be so because it was said to have been part of his practice. This was not something that the defendant’s very experienced human resources manager had encountered previously. It was also described as very unusual by another very experienced human resources practitioner, Tony Teesdale, who gave evidence for the defendant in the case. I have not seen, before this case,...

3. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...income plan but Golden Bay's evidence was that the stable income plan was not linked to or dependent in any way on cl 24 of the collective agreement. Evidence in this regard was given on behalf of Golden Bay by the Company's former Human Resources (HR) Manager, Mr Alexander Gellatly. Mr Gellatly had been the HR Manager for Golden Bay between 1987 and 1989. He was then employed by Fletcher Construction from 1989 to 1994 and between 1994 and 2000 he provided consultancy s...

4. McAsey and Gill v Wellington 356 Committee APPEAL [2011] NZLCDT 41 [pdf, 216 KB]

   ...inordinate or oppressive delay. [67] It found that the period from the end of November 2009 until July 2010 should not have occurred, and accepted that it had been caused by systemic and prosecutorial delays resulting in part from lack of administrative resources. It did not consider the delay in the charges being set down for hearing as justifying the application for stay being granted, and dismissed the application. [68] Dr Steven QC submitted to this Tribunal that while the nature...

5. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...contract. Nor was he able to give any rational explanation as to how and why it would have gone missing, had it ever existed. Mr Taylor said that Mr Pickering's employment agreement dated 19 January 2007 had been drawn up by Sealord's Human Resources Department (HR) and he believed that HR would also have drawn up the contract between Mr Pickering and United Fame but no one from HR was called as a witness to support that proposition. I found Mr Taylor's evidence in...

6. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...renovation of an existing house and a subdivision of the site. They then intended to construct a new house on the subdivided site. Property development was the sole activity in which TR and TS were engaged at the time. [6] To obtain the relevant resource consents from the Council, it was necessary to submit a report from a soil consultant to establish whether or not the site was contaminated by pesticides, as the property was in an area of Henderson where large scale horticultur...

7. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...McLennan was a senior member of Spotless’ management, having responsibility for issues of this kind in respect of those of its employees who worked in District Health Board facilities. It is also evident that Mr McLennan was told by a Human Resources (HR) colleague, from whom he took advice from time to time, that resolution to the problems which were occurring needed to be obtained as soon as possible. [11] The meeting duly proceeded. Ms Mackay attended with a support person...

8. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   ...strong connection to the land and would be required to remove all buildings, his possessions and his whānau from the site. This will inevitably involve considerable expense. [72] Moreover, it is unlikely that Mr Flight will have access to such resources given the delays in having the remedial works completed and taking into account the evidence on the Court file. If the injunction is granted and is rendered incapable of fulfilment by Mr Flight it seems unlikely that the trustee...

9. [2020] NZEmpC 174 Greetham v Lawter (NZ) Ltd [pdf, 384 KB]

   ...immediate change to Mr Greetham’s employment agreement, remuneration or job title as a result of the change in his duties. The increase in responsibilities was raised by Mr Greetham at a meeting with Mr Yates and Kate Riches, then described as Human Resources Generalist, on 21 October 2011. A time in motion study was thereafter conducted by Ms Riches in response to the discussion. This stated that she found that Mr Greetham’s duties were only consuming around 20– 25 hours pe...

10. RIS - Amendments to the Administration of Justice (Reform of Contempt of Court) Bill [pdf, 384 KB]

    ...about whether retaining the common law adds any value in promoting public confidence in the courts and judicial system. 20 Efficient – promotes the efficient operation of the justice system 0 0 There are costs and court resources involved in prosecuting this behaviour but prosecution is likely to be rare. - Rarity of prosecution (last prosecution was in 2004) means negligible impact on efficiency. Without an offence as a deterrent, the Solicito...