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1. [2007] NZEmpC WC 25/07 AFFCO NZ Ltd v Nepia & Anor [pdf, 82 KB]

   ...adopted in this case amounted to rough summary justice and in no way justifies the dismissal of the employees. A fair and reasonable employer in the circumstances would not have acted in this way. It did not follow its agreed processes. It had the resources to bring in a professional investigator and should have ensured that the investigation was properly conducted. Issue 2 [67] Mr King was designated decision-maker by those carrying out the investigation. This is n...

2. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

   ...“the balance of the risk of doing an injustice”. 21 20 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. 21 Cayne v Global Natural Resources plc [1984] 1 All ER 225. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7eHC%7e2008%7e56884&si=57359&sid=b0dbl5pclgk5qvn1kwrxn7cxaew31k2b&hli=1&sp=bcase 93 Taitokerau MB 250...

3. [2013] NZEmpC 55 Morgan v Whanganui College Board of Trustees [pdf, 223 KB]

   ...the investigation to conclude and the Authority to issue its (final) determination before having an opportunity to right the Authority’s perceived wrong. Such an approach will involve delay and the expenditure of sometimes precious and limited resources on concluding the Authority’s investigation. If the Authority has erred in the course of its investigation, why should the error not be put right by a discrete challenge so that the Authority can continue to determine the emp...

4. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...Employment Relations Bill 2000, which states: 11 In terms of problem resolution in employment relationships, a strong emphasis is placed on the prior resolution of problems by the parties themselves, who will have access to a wide range of resources, through information provision, structured or unstructured mediation and other services to voluntarily resolve matters at an earlier stage. … The Bill embodies a general presumption that mediation will be the first port of c...

5. [2014] NZEmpC 194 Commissioner of Police v Coffey [pdf, 127 KB]

   ...Manager. The 1999 Court judgment records that prior to the amalgamation into one of the Palmerston North and Wanganui Districts, Mr Coffey had been the District Executive Officer at Palmerston North with responsibilities for both finance and human resources. 4 The outcome of the 1999 proceedings was that, after making a 3 Coffey v Commissioner of Police [1999] 1 ERNZ 414 (EmpC). 4 At 419. number of preliminary findings,...

6. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...during ASG’s appearance and took notes of the Judge’s findings. He obtained legal advice as to whether he would infringe the non-publication order were he to disclose ASG’s identity as the defendant in the District Court proceedings, to Human Resources (HR) and management personnel at the University. The University’s lawyer advised him that an employer could be said to be legitimately interested in the fact an employee had pleaded guilty to a serious charge relating to pre...

7. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   ...Defendant is not credible in their evidence. The “indulgence” as has been described by having HEAL appear is an insult. I didn’t know that KENNEDY would keep making up these silly and incredible stories that would keep wasting peoples time and resources. Coony Law was well aware that interference with privacy had been found. In an effort to make money they simply took a gamble and flipped a coin and if they lose they still want their money back. Please reject any claim for costs...

8. [2013] NZEmpC 206 Candyland Ltd v Jarvis [pdf, 135 KB]

   ...procedurally and substantively flawed. Dismissal was not what a fair and reasonable employer could have done in all of the circumstances and the process followed fell well short of what is required, even having regard to the size of the business and the resources available to it. 2 [29] The concerns raised on 27 July included that Mrs Jarvis had left work early on 24 July, thereby abandoning her employment. Two timeframes were referred to. First, it was suggested that Mrs Jarv...

9. Pita v Ngatiwai ki Whangaruru Whenua Topu Trust - Whangaruru Whakaturia 1D9A and Whangaruru Whakaturia 1D10A (2010) 10 Taitokerau MB 40 (10 TTK 40) [pdf, 130 KB]

   ...recognised as the mandated iwi authority by the Crown. Third, the day to day administration of the marae would likely be by local persons as nominated by the five marae. He also pointed to the fact that the Trust Board would be able to use its resources to assist with the administration of the marae, camping ground and kaumatua flats. Kathy Pita supported these explanations. I accept that there are unusual circumstances that might justify the vesting of the land in a corporate t...

10. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

    ...after receiving copies of initial correspondence, advised that he did not wish to be provided with copies of further correspondence received from Mr JK. The task of receiving and responding to information drip fed in this fashion is taxing on the resources of the Office. [48] Nor is it fair to Mr OC that the Office tasked with completing independent inquiry into the Standards Committee process should receive a proliferation of correspondence forwarded to third parties which is ext...