Search Results

1. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

   ...financial consequences for the defendant of employees being permitted to choose the days on which longstanding entitlements to alternative holidays were taken. Evidence in support of this argument was given by Mr Woodcock, the defendant’s human resources manager. He said in his affidavit that the additional cost to the defendant of employees predominantly taking holidays on those days which attracted higher rates of pay was very substantial. [57] In advancing his submissions,...

2. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...tariff approach applied in the general run of cases. [15] Ms Mayes, counsel for the defendant, observed that the Authority’s daily rate is well known and should be borne in mind by litigants from the outset, in assessing the level of financial resources they wish to apply to a matter, particularly where counsel is instructed. The Authority is a specialist body which is inquisitorial, not adversarial. While acknowledging that employees and employers have a right to representat...

3. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

   ...her relationship with Ms Osman and Ms Nicholas, the board, and other staff members, she would be willing to go through a professional management process supervised by a third person as suggested by the board but is sceptical of the amount of resources and money that the association says this would take. [36] Ms McLennan sees her relationship with her former employer as purely administrative. She sees no reason why she should not be able to resume her employment without difficulty...

4. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...such an outcome being imposed. This, it submitted, would abrogate the rights of the workers under the clause. [12] Two witnesses gave evidence for Fonterra. The first was Helen Blair who was, at the time of the negotiations for the cea, Human Resources Manager Operations. The second was Brian How who was, at the time of the negotiations, Strategic Projects Manager. Both represented the company in the negotiations. They each gave evidence of their specific understanding of th...

5. Guidelines: Family Court counsellors [pdf, 302 KB]

   ...children and adults; 7 Care of Children (Counselling) Regulation 2013 Definition Evidence/ways of demonstrating h) Gender issues; i) Various kinds of parenting arrangements and parenting plans; j) Local community therapeutic resources for children, young people and their families; k) Relevant family law; and l) Understanding of the responsibilities of the counsellor in relation to the Family Court. Self-awareness including an understanding of: a) The impa...

6. [2008] NZEmpC Maritime Union of NZ Inc and ors v TLNZ Ltd and anor [pdf, 46 KB]

   ...employees and unions little option but to accept such employer policies if the alternative is to risk exposure to costs in addition to that of their own representation and over which they have no control. Mr Mitchell submits that even for well resourced unions, exposures to very substantial costs awards for lengthy hearings will mean that such unions and their members will be denied access in practice to the Court because the risk of a costs award will be prohibitive. Wh...

7. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

   ...[their] rude behaviour towards me when asked questions and mostly [their] behaviour of just not speaking to me and giving me the “cold shoulder” treatment. … [13] Mr Stapleford forwarded the complaint to Ms Goodin, a Senior Human Resources (HR) Advisor, who advised him that Corrections’ bullying policies and procedures needed to be followed (which she provided to him through a link), that a meeting needed to be set up to plan a way forward, and that he needed to acknow...

8. Justice Sector Legal Aid forecast 2013 to 2018 [pdf, 620 KB]

   ...lodged with the Waitangi Tribunal and a substantial number of claims have been recently settled. Work related to these claims is thus in decline. Contemporary claims can still be lodged (such as the recent claim relating to water and geothermal resources) and these will continue to attract legal aid. The conditions under which legal aid will be granted for these claims remain unclear, pending resolution in court, so this is a difficult quantity to forecast. The forecast is essenti...

9. Nicholls v Nicholls - Koromatua 3A [2018] Māori Appellate Court MB 604 (2018 APPEAL 604) [pdf, 303 KB]

   ...appropriate to send the matter back to the Court below for further hearing. There is a need for finality in litigation. The appellant had the opportunity to furnish the information earlier in the process. These proceedings have consumed the time and resources of the parties for many years, and so it is necessary that they are concluded. [39] In any event, the obligation is on the defaulting party to produce cogent evidence demonstrating where reasonable deductions should be mad...

10. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

    ...issue. I therefore issued a minute to the plaintiff, part of which was: [3] Although she has taken no formal steps, Ms Ford has written to the Court. In that letter, dated 23 April 2010, she essentially says that she has very limited financial resources and attaches a pay advice slip in support of this. In case Ms Ford did not copy that letter to Mr Paulsen, a copy is attached to this minute. [4] In her letter, Ms Ford also refers to submissions made to the Authority by her former r...