Search Results

1. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

   ...undertaken overnight, they can be and are done at other times when aircraft are not in service. In the cases of both of the line maintenance jobs just described, performing this work when aircraft and staff are available to do so both utilises time and resources efficiently and ensures that operational aircraft are available in the event of a breakdown or delay on the company’s network. The freight loading work - Decision [23] This aspect of the case turns on whether the use of...

2. [2007] NZEmpC AC 10A/07 Harvey White (formerly X) v Auckland DHB [pdf, 57 KB]

   ...arguable case. On 28 September 2005 Dr White’s counsel put ADHB on notice that in the event that he was successful, he would likely seek solicitor/client costs. Further, on about 11 November 2005, following the evidence before me of ADHB’s human resources manager confirming that the defendant had failed to follow its own policies and procedures and had taken irrelevant matters into consideration in reaching its decision to dismiss, Dr White made an offer of settlement without...

3. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...this proceeding is 15 January 2007 – 25 June 2009. [8] Another complicating factor, which related to the Defence Force payroll system at the relevant time period, is referred to in Mr Williamson‟s affidavit: 2. NZDF uses a computer human resources system called Atlas for its payroll. Atlas only operates on the basis of five day working weeks and eight hour days. The calculation of the payroll and leave for Security Guards and Senior Security Guards requires „„work-arou...

4. [2010] NZEmpC 165 EBIIWU v Shakes and Norske Skog Tasman Ltd [pdf, 148 KB]

   ...individual employees. The first plaintiff is, by Mr Yukich‟s account, a small union that is unable for financial reasons to engage professional representation in these proceedings. That is, of course, its entitlement but may indicate a paucity of resources. [32] If the Court were to grant the injunction sought on an interim basis but then, at trial, a defendant were to be successful, it would have a claim for damages for its losses incurred as a result of the injunction. There...

5. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...application, principally on the grounds that there was no conflict of interest which would disqualify the AC’s solicitors and counsel from continuing to act. An affidavit of Duncan Alexander Bremner, who held a number of positions in the human resources department of the Auckland Regional Council (ARC), now amalgamated into the AC, was filed in opposition. [3] Mr Drake relied on r 13.5.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules 2008 (the Rule...

6. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...Relations Act 2000 (the Act). [2] The application was dealt with on the papers before the Authority. Ms Ball gave evidence in these proceedings. No evidence was produced by the defendant other than an affidavit from the current National Human Resources Manager for the defendant, Ms Brosnan. Ms Brosnan has no direct knowledge of the events in question and deposed that Ms Ball’s manager at the relevant time (Ms O’Connor) 1 AA...

7. Regulatory Impact Statement harmful digital communications [pdf, 56 KB]

   ...of how these are conveyed. 5. These offences generally involve a complaint to the Police and the Police then investigate the offence and bring charges. Investigating this type of criminal offending can often involve significant Police time, resources and technical expertise. Civil Law 6. Alongside the statutorily defined criminal offences, there are also a number of important common law wrongs that can give rise to civil causes of action. The harmful communication giving r...

8. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...Trust. Previous editions of Best of the Best were published by Worldwide Annuals Limited. Mr Taylor was responsible for sales and marketing for Worldwide Publishers Limited. Mrs Taylor dealt with administration, day to day finances and human resource issues. She described it as a very small family business. [13] It is not disputed that Mr von Tunzelman was employed to work on Best of the Best. However to determine the identity of Mr von Tunzelman’s employer it is necessary to...

9. [2008] NZEmpC WC 19A/08 Snowdon v Radio New Zealand Ltd [pdf, 45 KB]

   ...prior to and during the course of the substantive proceedings that was calculated and/or intended to conceal covert funding arrangements, financial mismanagement by the board and executives of the defendant and false allegations of financial and resource mismanagement made against the plaintiff. It then claimed that the defendant had been involved in a deceptive and dishonest course of conduct prior to and during the course of the disclosure process that was calculated an...

10. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

    ...her relationship with Ms Osman and Ms Nicholas, the board, and other staff members, she would be willing to go through a professional management process supervised by a third person as suggested by the board but is sceptical of the amount of resources and money that the association says this would take. [36] Ms McLennan sees her relationship with her former employer as purely administrative. She sees no reason why she should not be able to resume her employment without difficulty...