Search Results

1. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...restructure was overseen by David Ralph, the operations manager. Through 2005 and 2006 about 60 employees were made redundant in several stages. This was carried out by Mr Ralph in consultation with the relevant union. He also took legal and human resources advice. [17] In the course of this process Mr Ralph had sought assistance from Mr Davison to assess the performance of other employees who were affected by the restructuring but Mr Davison was not advised that his own position...

2. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

   ...1 Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02 4 would never get their indicative rates. Union officials raised this issue with him in March 2004. [17] Mr Cox, human resources manager for AFFCO, said that there was a very long established custom and practice for lamb cutters to be paid by the piece rate system which was always an all inclusive rate and quite separate from other distinct operations at Imlay.

3. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   ...assistance from the Maori Land Court by way of funding to enable the Trust obtain legal advice. Your response on this would be much appreciated. We do not feel we can progress this matter without legal advice and the Trust as you know has very limited resources at this time. 4. Short term: To cover the interim period we have agreed as a Trust to confirm the status quo until further notice or until the MoP is signed, provided: (a) LDB takes reasonable steps during this interim...

4. [2015] NZSAAA 01, (30 January 2015) [pdf, 81 KB]

   ...parties share the responsibility for bringing up and supporting any relevant children. (6) Whether the parties share household and other domestic tasks. (7) Whether the parties share costs and other financial responsibilities by the pooling of resources or otherwise. (8) Whether the parties run a common household, even if one or other partner is absent for periods of time. (9) Whether the parties go on holiday together. (10) Whether the parties conduct themselves towards, and are tre...

5. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...such as rentals, that are derived from the retention, use and development and control of the trust lands… Clearly the Churtons have been demanding lessees. … Any further occupation by the Churtons will be demanding of the limited trust resources, relative to any new lessee who will comply with a new lease agreement. That cannot be in the best interests of all the owners, their whānau, hapū or descendants. [32] I agree that the applicant’s future interest must be weighed...

6. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...such an outcome being imposed. This, it submitted, would abrogate the rights of the workers under the clause. [12] Two witnesses gave evidence for Fonterra. The first was Helen Blair who was, at the time of the negotiations for the cea, Human Resources Manager Operations. The second was Brian How who was, at the time of the negotiations, Strategic Projects Manager. Both represented the company in the negotiations. They each gave evidence of their specific understanding of th...

7. [2014] NZEmpC 235 Rutherford Street Kindergarten v Chilton [pdf, 119 KB]

   ...30 May 2012 enquiring as to what had happened, finishing with the words “since I have heard nothing further from you in relation to a letter back to the kindergarten that you mention, I am now asking for your confirmation that NZEI will not be resourcing any more time on my case”. She then sought legal advice from her current lawyer on 11 June 2012, who said he would review the matter. He did and, following correspondence between counsel, proceedings were issued on or about 12...

8. [2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [pdf, 185 KB]

   ...may reflect nothing more than a perverse determination to erect as many barriers as possible in the hope that the employee will eventually give up. Alternatively, it may reflect simple apathy and/or prioritisation of the defendant’s financial resources. 17 Imposition of a low level fine in such a case, on the basis that the amount at issue is similarly low, may not adequately address other important considerations, such as deterrence and denunciation. [20] Mr Hutcheson submi...

9. Horan – Hiwarau C (2013) 70 Waiariki 61 (70 WAR 61) [pdf, 159 KB]

   ...the partition would not affect the residual value of Hiwarau C, apart from the removal value and that the Pukepuke whanau would not get anything more than was originally amalgamated into Hiwarau C. 70 Waiariki MB 66    [16] I note that a resource consent report was also obtained from the Opotiki District Council Environment and Planning Manger. That report recommends consent be given subject to a Māori Land Court partition order being made and other requirements as to subdivi...

10. Matthews v Matthews - Estate of Graham Ngahina Matthews [2016] Māori Appellate Court 212 (2016 APPEAL 212) [pdf, 218 KB]

    ...Matauri X Incorporation (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216). 3 Nicholls v Trustees of W T Nicholls Trust - Part Papaaroha 6B Block [2014] Māori Appellate Court MB 2 (2014 APPEAL 2). 2016 Maori Appellate Court MB 217 and resources the appellant has given to the appeal and their degree of success; (b) the appellants’ total legal costs are $40,767.50 (incl GST) excluding $1,421.50 for disbursements. That total includes 20 hours for briefing and settling aff...