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1. Hart v Auckland Standards Committee 1 of the New Zealand Law Society CIV 2012 404 5076 5528 [pdf, 515 KB]

   ...the Tribunal and should have been dealt with by the Standards Committee. (3) The Tribunal should not have found the first charge proved in circumstances where the complainant did not appear at the hearing. (4) The Tribunal erred in failing to request that Mr Daniel Gardiner appear before it in connection with charge one, and in failing to request that Mr Alistair Haskett appear before it in connection with charge four. Both were legal practitioners who had sworn affidavits for...

2. Recording Industry Association of New Zealand v Telecom NZ 3760 [2013] NZCOP 14 [pdf, 136 KB]

   ...account holder’s daughters (dated 6 March 2013), to which the applicant responded (25 March 2013). A further submission was made, this time by the account holder, on 5 April 2013. The applicant responded in a letter headed “Reply by applicant to informal submission from account holder” (8 April). The applicant objected to the Tribunal’s consideration of this letter. For the reasons discussed below, the Tribunal takes the view that the letter should not be considered.

3. [2009] NZEmpC CC 19/09 T L Harvey Ltd V Duncan [pdf, 43 KB]

   ...other than the sales staff. The effect of this would be to enable Ms Duncan and Ms Thomson to continue doing that work. [7] The author of the software, Mr Pinkney, recommended against using CCM in this way but agreed to make the modifications requested by Mr Harvey. On this basis, CCM was introduced to the business. Training and preparatory work took place during July 2007 and the software was put into practical use from 1 August 2007. Subsequently, some further changes were ma...

4. Tesar v REAA CAC 20004 & Ors [2014] NZREADT 18 [pdf, 54 KB]

   ...that day giving the licensee permission to organise a permit for the fire if one was required. They noted that the wood-burner was in the same position as when the house was built (in the 1990s) and signed off (not withstanding that this did not conform with the Council’s approved site plan of the wood-burner) but that the original, burnt-out, stove had been replaced with a newer one. The chimney, hearth and back wall (tiled with insulation board behind) were original. [6] The compl...

5. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...longer be employed by HHL, at least during the week. Mr Oliver informed Mrs Hayes and Danica of his conclusion. Because her grandchildren would not be employed as originally anticipated, Mrs Hayes resigned. [4] The next day, Mr Oliver was requested to, and did, meet with Danica and Shani. He said that in the circumstances which had now arisen following Mrs Hayes’ resignation, he and his wife would have to operate the café themselves, and no work would be available to them a...

6. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...called by the plaintiff, and which is challenged, will be determined. The starting point as always is the pleadings, the most up to date statements of claim and defence. Ms Coy’s case consists of a number of personal grievances against her former employer. These include unjustified disadvantage in employment and unjustified constructive dismissal. A constructive dismissal is a resignation or abandonment of employment but which is alleged to be, in reality, a termination of emp...

7. [2009] NZEmpC WC 14/09 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 57 KB]

   ...that the employer has altered the Beef Boning department so as to provide for a different method of processing the same or similar product as that processed on the 2006-07 season. As a consequence of this the employer party to this agreement has requested and the union has agreed, that a trial be entered into commencing on Monday the 26 of November 2007 and ending on the 1st of February 2008. Such trial shall be relevant to the Beef Boning and Beef Slaughter departments at AFFCO Wairo...

8. [2015] NZSSAA 026, 20 April [pdf, 69 KB]

   ...that because her whanau regard the appellant as her partner, he will have a life interest in the house at XXXX Road if she were to die. (viii) Neither party went to the Ministry and advised that they were living apart during the period concerned or requested that they be paid a single rate of benefit. (ix) The appellant said he and XXXX remained good friends during this particular period and continue to be good friends. 9 [46] We accept that XXXX ceasing to live full-time at...

9. [2007] NZEmpC CC 28/07 B & D Doors Ltd v Hamilton [pdf, 77 KB]

   ...considering the option of closing down the operation to cut the losses. [12] In August 2003, Mr Foster seconded a manager from another division, Brian Haslett, to the wooden doors division to assist Mr Hamilton in resolving problems and improving performance. This resulted in little improvement and Mr Haslett returned to his usual role after 2 or 3 weeks. [13] On 26 August 2003, Mr Foster had a meeting with Mr Hamilton. At that meeting, the problems in the wooden door divisi...

10. [2014] NZEmpC 235 Rutherford Street Kindergarten v Chilton [pdf, 119 KB]

    ...included approval for NZEI to refer the matter to Mediation Services or to the Authority, or to seek any other relevant information. [12] On 8 June 2011, the NZEI Field Officer wrote to RSK confirming that she was supporting Ms Chilton, and requesting a meeting to discuss the following issues: Her 2010 appraisal outlining her competence in undertaking her role. Progression on the administration pay scale as per part 6(g), page 20. The Administration job description...