Search Results

1. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...are to be taken into account when considering the test of justification as to dismissal. These include whether the employer sufficiently investigated the allegations before dismissing or taking action against the employee, having regard to its resources; whether the employer raised their concerns prior to the dismissal; whether the employer gave the employee a reasonable opportunity to respond to the employer’s concerns before 2...

2. [2013] NZEmpC 60 Snowdon v Radio New Zealand Ltd [pdf, 236 KB]

   ...matters proceeded to trial, the history of the two previous adjournments, the Employment Court’s previous comments as to complexities and delays which were unconscionable and largely unnecessary and the extraordinary amount of time and effort and resources that had to be poured into these proceedings by the defendant without any resolution of the substantive claims. He referred to the affidavits of current and former employees and advisors of the defendant as to the significant i...

3. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...employees a preference in relation to terms or conditions of employment; whether the employer breached s 4(1) of the Act by misleading or deceiving the unions in collective bargaining by falsely claiming that it did not have the financial resources to pay wage increases equivalent to more than one per cent per annum; and what are the remedies available in law for a breach of s 9 of the Act. [9] The relevant facts are as follows. Pact is a registered charitable trust w...

4. Tweeddale v Pearson [pdf, 405 KB]

   ...Pearson and Ms Tucker entered into a construction contract with Humphries Construction Limited to build a house at 9 Ake Ake Avenue Palmerston North for $142,732.67 inclusive of GST. [6] On 23 April 1998 Mr Pearson and Ms Trucker applied for resource consent for a discretionary activity. [7] The contract provided that the builder shall carry out and complete the whole of the works in a thorough and workmanlike manner to the reasonable satisfaction of the owner, in strict a...

5. Young people & alcohol: some statistics on possible effects of lowering the drinking age [pdf, 279 KB]

   ...indicate improved age identification and greater compliance from licensed premises. It is also possible that this decline is due to a Police preference for issuing an infringement notice to young people rather than taking the more time consuming and resource-intensive action against licensed premises. The total number of minors found in restricted or supervised areas of licensed premises that were apprehended or issued with infringement notices in the year 2000 was more than the number of min...

6. 2017 NZSSAA 020 (5 May 2017) [pdf, 330 KB]

   ...care employee ECI who inspected the Appellant’s home. She inferred that OCI and the Appellant slept in the same bed saying: I recall that [The Appellant’s] home was a two bedroom house and there was a room available for the children's resources and sleeping. It is advisable that an educator would not use their own bed for children to sleep in…. [76] Like the police officer, NNE, the Appellant required ECI to attend for cross-examination. The Chief Executive failed to r...

7. [2018] NZEmpC 14 Hayashi v SkyCity Management Ltd [pdf, 422 KB]

   ...and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer...

8. Matuku Ngati Maru Wharanui Pukehou Trust (2009) 245 Aotea MB 15 (245 AOT 15) [pdf, 306 KB]

   JAN MATUKU MLC A2007001203 15 January 2010 IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT 245 AOTEA MB 15 A20070001203 UNDER Section 216, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Ngati Maru Wharanui Pukehou Trust JAN MATUKU Applicant Hearing: 188 Aotea MB 159, 15 June 2007 195 Aotea MB 80, 19 October 2007 198 Aotea MB 178, 13 December 2007 202 Aotea MB 48-57, 5 March 2008 205 Aotea MB 136, 15 May 2008 214 Aotea MB 130, 21

9. Family justice: An administrative review of family justice system reforms [pdf, 967 KB]

   ...Directions Conference Served Notice of Response Chambers Without Notice Served Notice of Response Undefended On Notice Formal Proof Hearing (Optional) Chambers Consented Chambers Returned to out of court services Information and resource support for self resolution Information, resource and support for provider assisted resolution Court determined outcomes Lawyers available including Legal Aid In Person proceedings Family Legal Advice Service Lawyers available by...

10. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

    ...on 26 May 2017 went beyond discussion of possible outcomes. It was a lengthy meeting – around three hours long - attended by Captain Hines and Mr McBride as his representative, and Mr Gaddum with Mr Moroney and Ms Barclay from EPL’s human resources team. [65] At the meeting Captain Hines went through again what he said took place with respect to both the Emerald Princess and the Seamount Explorer. [66] He confirmed that he was still of the view that he had not breached the...