Search Results

1. [2016] NZEmpC 165 Lawson v NZ Transport Agency [pdf, 463 KB]

   ...(IEA). In that role he reported directly to the Regional Manager, Mr Rick Barber. [11] Previously, he had worked for 18 years as a sworn police officer, 10 of them as a prosecutor. He was a police officer until 2004. He had also been a Human Resources Manager for Korucabs Sub Franchising Ltd in 2004 and 2005; and a driver for Korucabs Auckland Ltd from 2005 to 2007. [12] At the Agency, Mr Lawson managed a passenger team which covered taxis, buses, shuttles and private hire...

2. [2018] NZEmpC 60 FGH v RST [pdf, 720 KB]

   ...representative on 28 September 2015 on behalf of Ms H, failed to arrange an impartial investigation which affected Ms H’s conditions of employment to her disadvantage. e) Fifth cause of action: on 30 September 2015, Ms Tiffany Scott, senior Human Resources (HR) manager, failed to arrange an impartial investigation on receiving a complaint from Ms H about bullying by Ms Julian, which affected her conditions of employment to her disadvantage. f) Sixth cause of action: Ms Jul...

3. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...the work-related implications of the posts. She said she was unaware of any material changes in Ms H’s wellbeing that would explain why she may have instigated these. [16] After consulting with colleagues, including members of RST’s Human Resources (HR) team, she appointed Ms F, a senior manager who reported to her, to act as a decision-maker with regard to an employment investigation about the posts. [17] On 8 April 2021, Ms F sent Ms H an email inviting her, and a support...

4. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...to retain house officers without overworking them. A related issue was that a physical health nurse had previously the responsibility to perform this work up until August 2014; but by the time these events occurred, there was no longer such a resource. January 2015 [57] In an email sent on 6 January 2015 by Dr Roberts to Dr M and Dr N, he said he had met with Dr Loo who stated she had found working with Dr Emmerson very difficult, not least because of the workload arising from t...

5. [2007] NZEmpC 6A/07 Otago Taxis Ltd v Strong [pdf, 96 KB]

   ...and interlocutory issues which no doubt have resulted in legal expenses far in excess of the amount originally in dispute. In the course of those interlocutory applications Ms Ritchie deposed that the plaintiff was a small company with limited resources which could not “absorb” the cost of the defended hearing of the challenge. Judge Couch later directed the parties to further mediation, the defendant at this stage being represented by counsel. The mediation was unsuccessful....

6. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...Wilson said that in his initial discussions with Mr Harrison he raised the issue of the restraint of trade clause in his contract with Credit Consultants. He told Mr Harrison that his role had been made redundant and that after talking to human resources practitioners the fact that he had been made redundant probably meant that the restraint of trade did not have any effect. He took no legal advice on this and did not show the HR practitioners his restraint clause. [37] It is comm...

7. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...also the view of the Court. I referred to an earlier ruling of Judge Shaw, when adjourning matters for the second time in 2007, which stated that the delays were prejudicing the defendant due to the extraordinary amount of time and effort and resources that “had to be poured into it”. [23] On 20 May Mr Fletcher filed a memorandum stating that he had, that day, received and accepted instructions from the plaintiff in the three proceedings and gave a new address for service....

8. [2011] NZEmpC 127 Bishop v Bennett [pdf, 162 KB]

   ...This judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for the delay is the Christchurch earthquakes, which have impacted heavily on the Court’s resources and on my availability to devote the time necessary to complete this judgment. Costs [66] Costs are reserved. Unless there is some factor of which I am unaware, Ms Bennet is entitled to a reasonable contribution to the costs s...

9. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...to ensure that it is the appropriate union, and not an interloper or busybody, which initiates bargaining. It is also to ensure that an employer or employers receiving such notices can be confident that they are properly given before committing resources to the bargaining process as is required by the statute on receipt of a notice initiating bargaining. [65] When Carisse de Beer, as an employee of CNS that was contracted to the defendant to do such things, signed the notices initia...

10. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

    ...plaintiff who: -has habit of taking chances & trying a smoke in out of the way areas -does not guarantee he will not be caught again. [13] At the conclusion of the meeting Mr Miller and Clive Menkin, the defendant’s general manager of human resources, agreed that the decision to dismiss the plaintiff would be suspended to enable Mr Miller to present options apparently as an alternative to dismissal. On 4 November 2005 Mr Miller wrote to Mr Menkin expressing the view that...