Search Results

1. [2019] NZEmpC 31 Talbot Agriculture Ltd v Wate [pdf, 495 KB]

   ...occurred. [48] In applying subs (2), section 103A(3) requires the Court to consider a number of factors. They are: (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 had...

2. Martelli v The Real Estate Agents Authority CAC (409) NZREADT 23 [pdf, 240 KB]

   ...In order to comply with the rules it is obvious that effective and reliable administrative systems are required to diary the expiry of authorities. It is expected that licensees will not only understand that but will also have the ability and resources to ensure that their in-house systems are effective to achieve the required outcome. [75] It is possible that a situation could occur where a licensee suddenly and unexpectedly becomes vulnerable in this area because of unexpected oc...

3. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...in the hope that the conflict could be resolved. She agreed to attend mediation. She asked for a response from Mr McLennan at his earliest convenience. 12 [18] Subsequently, Mr McLennan discussed the information he had obtained with Human Resources (HR) advisors prior to a telephone conversation with Ms Mackay which occurred on 8 August 2014. By then, he had reached preliminary views as to the workplace conflict. These were not explained to Ms Mackay either before or on 8 Au...

4. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...[45] Some or all of the above matters may be relevant at a later stage. The charge [46] The essence of the charge against Mr Hawkins was that his conduct in: a. purchasing the Taihape Road when he was the listing salesperson; b. using Tremains resources to market the property; c. using his specialist knowledge as a real estate salesperson to market the property; d. preparing draft and final sale and purchase agreements on Tremains documentation; e. leading prospective purchase...

5. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...noted at the hearing, he could not force the parties to mediate. [104] It is also clear from the file that Mr CB’s attempts to achieve a settlement for Mr ZW were frustrated by two obstacles which commonly impede the path to settlement: a well-resourced and competently represented opponent, and an opponent who appeared to be adopting delay and non-response as a litigation tactic. 17 [105] As matters progressed and the parties’ positions crystallised, it became clear that t...

6. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...2017 and settled Ms Makea- Ruawhare’s personal grievance. [10] Ms Makea-Ruawhare attended mediation with Mr Halse and Ms Simpson; Turuki was represented by its Chief Executive, Ms Winiata, and by Ms Ratcliff, who is engaged by Turuki in a human resources consultant role. Mr Anthony Drake, Turuki’s solicitor, also was in attendance. [11] A record of settlement was entered into under which Turuki agreed that it would make certain payments to Ms Makea-Ruawhare or for her benefi...

7. IPT 2019-20 Annual Report [pdf, 477 KB]

   ...access to the Tribunal’s work, in the interests of promoting greater accountability, awareness and understanding. The website for the Tribunal includes a searchable database of the published decisions of the Tribunal, which provides a valuable resource for Tribunal members, higher courts, counsel, representatives, appellants and the wider public. The aim has been to provide an abstract (a synopsis) of every decision, for ease of reference. In previous court years, there develope...

8. Proactive release - Strengthening the Family Court [pdf, 1.9 MB]

   ...These reforms intended to encourage individual responsibility and shift the focus from in-court resolution, to encouraging parents to reach agreement themselves through out-of- court processes. The reforms aimed to enable the Family Court to focus its resources on serious and urgent applications that were not suitable for out-of-court resolution. One of the most significant changes was the removal, for fiscal reasons, of legal representation and legal aid in the early stages of on-notice CoCA p...

9. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...dismissal in the event the employment is terminated. Such trial periods can be particularly important for small and medium sized businesses, as they often face higher recruitment and dismissal costs relative to larger employers who have dedicated human resources departments. Small and medium sized businesses, therefore, face higher risks in taking a chance on a new employee. This Bill will provide opportunities for those who might suffer disadvantage in the labour market, for exampl...

10. Proactive Release - Cabinet Paper for arbitrating commercial lease disputes [pdf, 714 KB]

    ...24.1.3 any financial support available to them 24.1.4 their revenue and profit levels in recent years 24.1.5 their ability to survive financially the effects of official requirements to counter an outbreak of COVID-19 24.1.6 any difference in size and resources between the lessor, the lessee, and any other relevant party 24.1.7 any other factor that is reasonably relevant 24.2 a relevant party is any sublessee, any lessor under a superior lease, any parent company for the lessor or less...