Search Results

1. [2007] NZEmpC AC 17/07 Housham v Juken NZ Limited [pdf, 93 KB]

   ...amount to a technical assault upon the aggressor, pushing the aggressor away, tackling the aggressor to prevent further blows, or the like. No hard and fast rules can or should be provided. Every case is different and what amounts to a reasonable response to actual or impending violence will depend on those unique circumstances as fairly and reasonably ascertained by the employer. [25] While a “zero tolerance” policy towards workplace violence is admirable in principle, th...

2. [2008] NZEmpC AC 14/08 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [pdf, 80 KB]

   ...ERNZ 512, 524 dealt with the situation of protests made by an employee at the time and these were found capable of amounting to the submission of a grievance provided they were of sufficient strength and purpose to alert the employer to make a response as envisaged in the statutory grievance procedure. The same Judge as decided Wilkinson, however, remarked in a subsequent case Start v Forster (t/a The Hutt Pet Centre) [1994] 2 ERNZ 200, 211 that the proviso in Wilkinson did not go...

3. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...roof of the prison which was, in the manager’s view, the kind of intelligence which could possibly prevent future prison escapes. The unit manager raised his concerns with Ms Gini and they were also passed on to Literacy Training. [11] In response, Literacy Training initiated an investigation. By letter dated 24 September 2009, Ms Gini was requested to attend a disciplinary meeting on 29 September 2009. She was invited to bring a support person or representative. The prin...

4. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...occasions. [48] In the introductory part of an affidavit dated 23 July 2015, filed on behalf of WFA in support of its opposition to reinstatement, Ms Berry stated: 1. I am employed by Wellington Free Ambulance as a Field Operations Manager responsible for Green shift. I am currently on a year's leave without pay. I am scheduled to return in September this year. 2. My reason for leave without pay was to take a break from the constant inappropriate and difficult beha...

5. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...matter of mediation (which is otherwise clear from the parties’ documentation). [63] Mr McConnell’s proposed brief of evidence (under the heading “Mediation”) refers to discussions at mediation and the defendant representative’s alleged responses. Mr Oldfield submitted that this proposed evidence dealt with the subject matter or topic of mediation and was unobjectionable, being “precisely the type of evidence the Court permitted the grievant to lead in Rose.” [64]...

6. Houpapa v Woods - Taharoa A Sec 6D No 2 (2012) 44 Waikato Maniapoto MB 167 (44 WMN 167) [pdf, 134 KB]

   ...application - that is, who made this application; b) Whether the land is landlocked; c) Whether the nature and quality of existing access to the land is reasonable; d) What account should the Court take of the fact that the Woods were not responsible for the original loss of land access to A 6D 2; e) Whether the conduct of the applicant and/or the respondent means that access should or should not be given; f) Whether hardship would be caused to the applicant by the refusal to...

7. Daunton v CAC 10065 & Morgan [2012] NZREADT 71 [pdf, 76 KB]

   ...some relevance, if he wished to get his own building inspection report then that could be arranged. 4.7 The Committee considered that in all the circumstances it was not reasonable for the Complainant to on the one hand accept that he had a responsibility to undertake due diligence (as he did to an extent) but on the other hand attempt to hold the Licensee to account for having stated that the report was still of relevance, implying that the Complainant could still in part rely on...

8. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

   ...was lodged on 20 September 2012, alleging unspecified breaches of good faith, unjustified disadvantage in respect of the 25 May 2012 letter, and unjustified dismissal. [19] The Authority found that there had been no failure by the company to be responsive and communicative and that Mr Wilton had legitimate concerns about the length of time Mr Robinson needed for recovery and whether additional surgery would be required. It determined that: 4 Having considered Pacific Sea...

9. [2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited [pdf, 239 KB]

   ...dishonesty, could, in such circumstances, be regarded by Ms Vincent as serious misconduct. Mr Bhikoo was acting in his capacity as a senior employee – indeed manager of one of the main salons of the company. He was in a position where he had to act responsibly and set an example. He failed to do so. Ms Vincent was justified in reaching the decision she did on the evidence before her. Mr Bhikoo compounded his difficulty by refusing to participate in the disciplinary process....

10. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 KB]

    ...[3] In September 2011 Mr Rafiq commenced two sets of proceedings before this Tribunal under the Privacy Act. The first, filed on 5 September 2011, involved a claim by Mr Rafiq against the Commissioner of Inland Revenue. The complaint was that in a response to a request for access to personal information held by Inland Revenue, certain information had been withheld. On 22 September 2011 these present proceedings were filed against the Commissioner of Police similarly alleging the wrongf...