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1. [2006] NZEmpC WC 15/06 OCS Ltd v Food Workers Union Inc [pdf, 108 KB]

   ...required the assistance of an interpreter to give their evidence. All have English as a second language, all are women. [12] On 25 May 2005, at the commencement of collective bargaining negotiations with the union, OCS’s general manager human resources, Mr Clive Menkin, advised John Ryall, then regional secretary of the union, that OCS was looking to implement the Panztel finger scanning system at Wellington Hospital. Although he was not called as a witness, Mr Ryall allegedl...

2. [2007] NZEmpC AC 26/07 Eastern Equities Corp Ltd t/a Farmers Transport Ltd v Bright [pdf, 107 KB]

   ...discussion along these lines appears to have some corroboration in Mr Kelsey’s notes of the meeting on 15 September. Mr Kelsey then responded with the letter of the same date to which I have already referred. Submissions [35] The company’s Human Resource Policy & Procedures Manual contains quite elaborate directions to the manager who undertakes performance appraisals. It also sets out a process with vertical flow charts as to how poor performance leading to final dismis...

3. [2015] NZEmpC 150 Burrowes v Commissioner of Police [pdf, 224 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

4. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

   ...had sought the views of non-governmental organizations across New Zealand regarding how and when they wanted to be consulted. The response had highlighted the need to improve the dissemination of information throughout the reporting period. Online resources could be better used to keep civil society informed and receive feedback. 65. The tabling of reports to make decision makers more aware of human rights obligations had been discussed. The Institute of Judicial Studies was respons...

5. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...decisions of this Tribunal. The usual point of difficulty is identifying what is controllable. Proper control often requires that a professional person maintain reasonable practices to ensure the proper supervision over employees and 10 resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. [57] In this case, Mr Wang s...

6. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...that could reasonably [be] held by both the Trustee owners of the property and Mr Paraire was that he held a long term right to reside in the shed. Otherwise it would have been totally unreasonable to expect Mr Paraire, a man of limited financial resources, to expend such a large amount of money on improving the shed. The law [63] In the case of Gillies v Keogh, the Court of Appeal referred to what are known as the five probanda required to be shown by a party seeking to rely upon...

7. [2013] NZEmpC 133 2013 Dolev v Netafim Australia Pty Ltd [pdf, 186 KB]

   ...employment agreement. However, none of the emails contained any bilateral confirmation that long service leave would discontinue for future service with Netafim from that point. Mr Schneider has misunderstood Mr Dolev’s comment to the Human Resources Manager in the email dated 10 February 2006. [49] Both counsel in their submission referred to the principles applying to contractual interpretation. They referred to Vector Gas Ltd v Bay of Plenty Energy Ltd, 3 and a considerati...

8. Restorative Justice: Best practice in New Zealand 2004 - 2017 [pdf, 428 KB]

   ...demonstrates the collaborative working relationship between the government and community that is vital for the continued development of restorative justice in New Zealand. The reprinting of this publication will enable it to continue to be a valuable resource for all those working with, or participating in, restorative justice processes. 6 What is Restorative Justice? Restorative justice is both a way of thinking about crime and a process for responding to crime.1 It...

9. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...vexatious. Nor could it properly be characterised as a dispute “personal to the parties”, because it drew others into the dispute, including other lawyers and former clients of both Mr Hong and Mr Deliu, and the District Court. It wasted court resources. It had the potential at least to undermine public confidence in the profession.” 4 [10] Her Honour went on to say: “The fact that criticism can also be made of the complainant Mr Deliu is, in this context irrelevant. A...

10. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

    ...fair 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...