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1. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   ...employer would have done in all the circumstances at the time the dismissal or action occurred. [26] This is a statutory codification of the test of justification which, until December 2004, had been defined only by the courts. It was enacted as a response to the decision of the Court of Appeal in WH Newspapers v Oram [2000] 2 ERNZ 448. As the words of the statutory test incorporate elements of the previous common law tests, their meaning is informed by those decisions. [27] We...

2. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...getting the report they will contact you directly. I plan to do that tomorrow as I am quite busy today. Regards James Jesudhass General Manager Just Hotel … [29] In his evidence Mr Chow said he took the plaintiff’s response as a refusal to meet and disobedience of his direct order. [30] At 2pm that day Mr Duncan met with the plaintiff and it was agreed he would address the department heads at the weekly operations meeting scheduled for 2.30pm that d...

3. [2007] NZEmpC AC 26/07 Eastern Equities Corp Ltd t/a Farmers Transport Ltd v Bright [pdf, 107 KB]

   ...share? b. Which other carriers were operating in the district? c. What was my relationship like with Stock Agents? d. What was my relationship like with office staff? 5.4 We discussed these issues and I was able to generally give favourable responses. 5.5 As Branch Manager, I accept that I had overall responsibility for the performance of the branch. On some occasions there was robust discussion as to how the Gisborne branch was operating. However, at no stage...

4. [2013] NZEmpC 28 Maori Hill & Balmacewen Pharmacy Ltd v O’Sullivan [pdf, 205 KB]

   ...counsel for Labour Inspector (Jo-Ann Duff) Judgment: 8 March 2013 JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] The plaintiff company operated a pharmacy. Mr Vohora is a director of the company and a qualified pharmacist. He was responsible for employing Ms O’Sullivan, Ms Hughes and Ms Jordan (the three employees). They were paid at less than the adult minimum wage during their time at the pharmacy. The Department of Labour became involved and a Labour Insp...

5. [2014] NZEmpC 30 Austin v Silver Fern Farms Ltd [pdf, 165 KB]

   ...was that the plaintiff’s incapacity had been caused mainly, if not entirely, by the work related accident. ACC ceased earnings related compensation payments to Mr Austin. The employer continued to assert that the plaintiff was no longer its responsibility and eventually suspended and/or dismissed him because of his incapacity to carry out even the light duties that he had formerly been able to perform. [4] Mr Austin did not raise a personal grievance with the employer within t...

6. Anti-corruption guide for NZ businesses [pdf, 223 KB]

   ...Convention (34 OECD member countries (including New Zealand) and seven non-OECD member countries (Argentina, Brazil, Bulgaria, Colombia, Latvia, Russia, and South Africa). All of these parties are members of the OECD Working Group on Bribery which is responsible for monitoring the implementation of the Convention through a mutual evaluation process. To date, the evaluation process has taken place in three phases focussing on implementation, effectiveness and enforcement respectively....

7. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...Calderbank letter .................................................................................................... 6 AUCKLAND CITY COUNCIL ..................................................................................... 7 Claimant‟s response to Council .............................................................................. 8 Discussion .............................................................................................................. 8 FEARON HAY ARCHITECT...

8. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...challenged the very basis of the Committee’s determination which had led to the unsatisfactory conduct finding, and was at odds with argument she had consistently advanced that she was entitled to exercise a lien over the passport. [39] In her first response to the complaint, Ms SM rejects suggestion that she has inappropriately claimed a lien and argues that: (a) the law permitted her to do so; and (b) her terms of engagement allowed her to do so. [40] In her review submissio...

9. [2017] NZSAAA 01 (18 May 2017) [pdf, 435 KB]

   ...her allowance. This removed any need to pursue the matter further with ACC itself. Furthermore, her query was in fact a query about her allowance rather than about ACC per se and was, in my view, quite properly directed to StudyLink as the agency responsible for the administration of all aspects of the allowance system. Does StudyLink’s failure to provide proper advice render the subsequent decision to review and vary the appellant’s allowance entitlement unreasonable? [32] The p...

10. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

    ...the site, the consent holder shall hold a pre-start meeting that: a. is located on the subject site. b. is scheduled not less than 5 working days before the anticipated commencement of earthworks. c. includes representatives from: i. the responsible Monitoring Inspector from Auckland Council; and ii. the responsible contractorls who will undertake the works. The following information shall be made available at least 5 working days prior to the pre-start meeting: d. A timelin...