Search Results

1. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...on 26 May 2017 went beyond discussion of possible outcomes. It was a lengthy meeting – around three hours long - attended by Captain Hines and Mr McBride as his representative, and Mr Gaddum with Mr Moroney and Ms Barclay from EPL’s human resources team. [65] At the meeting Captain Hines went through again what he said took place with respect to both the Emerald Princess and the Seamount Explorer. [66] He confirmed that he was still of the view that he had not breached the...

2. The use of imprisonment in New Zealand [pdf, 1.1 MB]

   ...evidence, the Department of Corrections has initiatives planned to reduce the flow of inmates into prisons by reducing the reoffending rates both of prison inmates and people serving community-based sentences. However, these initiatives are limited by resource constraints. Alternatives to Imprisonment Section 8 examines the relationship between the imprisonment rate and the number of offenders serving community-based sentences. For a number of years it has been said...

3. [2020] NZEmpC 139 KiwiRail Ltd v Mobbs [pdf, 450 KB]

   ...1994. [20] Mr Mobbs said in his oral evidence that it was initially agreed he was entitled to leave, and that KiwiRail then changed its mind. This was a reference to a conversation between Mr Mobbs and Ms Michelle Cheeseman, a Senior Human Resources Business Partner. It was her evidence that Mr Mobbs had said he was looking to retire soon. She had told him in effect that it would be desirable for him to give a good amount of notice, and she could also check if he had retirement...

4. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...continuing to operate. The financial position and trading future for Prabh are doubtful. As Mr Clews submitted, it continues to trade only because of the security provided to it by the other two individual defendants. However, their financial resources have been exhausted in paying the arrears that have arisen and in keeping the business afloat generally. He submitted that to ensure that the employees have received their entitlements in this case, payments to other creditors hav...

5. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

   ...Court Justice who accepts that the above matter as I say is the correct legal interpretation of s2 ss2(e) MAA 1953; and [G] since the Part 1, Stage One report of the WAI 2358 Waitangi Tribunal Inquiry into national freshwater and geothermal resources, dated 24 August found there is a residual proprietal interest of Maori in freshwater, thereby implying I do have a residual proprietal interest in the waters of Waikaremoana, with a consequent potential commercial value as to la...

6. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...fact that a police inquiry was being undertaken into the complaints to the police. Once the pilots’ union deflected the company’s inquiries by invoking the right to silence, matters settled down. The periodic correspondence from the Human Resources Manager of ANL attempting to call meetings for interviews, while premature, indicated the initial emphasis of the company on allegations of inappropriate purchase and consumption of alcohol. As matters progressed, ANL raised furthe...

7. [2013] NZEmpC 60 Snowdon v Radio New Zealand Ltd [pdf, 236 KB]

   ...matters proceeded to trial, the history of the two previous adjournments, the Employment Court’s previous comments as to complexities and delays which were unconscionable and largely unnecessary and the extraordinary amount of time and effort and resources that had to be poured into these proceedings by the defendant without any resolution of the substantive claims. He referred to the affidavits of current and former employees and advisors of the defendant as to the significant i...

8. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...and reasonableness. While we accept that, on the basis of the evidence before this and the Court below, Mr Tata acted honestly, our conclusion is that, taking into account all of the circumstances, his conduct was not reasonable. Where trust resources may be at risk or at least have been dealt with in a manner that should have raised concerns, trustees have a positive duty to act to protect the trust fund. Unless there has been a high degree of sophisticated fraud, a trustee must b...

9. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...$442,057.38 Uplifting, storing and relaying carpet $2,250.00 Remove store and re-hang drapes $1,950.00 Kaizon Limited project management supervision $22,162.50 Kaizon Limited mileage and timber testing $3,892.40 Remedial Design $31,731.42 ACC Resource Consent $1,600.00 Auckland City Building Consent Fees $9,643.66 Disbursements $152.98 Construction Insurance $1,125.77 Initial assessments2 $1,977.13 Engineer re balustrade $1609.99 [49] All the experts agreed that...

10. [2006] NZEmpC AC 65/06 McAlister v Air New Zealand Ltd [pdf, 139 KB]

    ...roster. Rosters and how they work [55] Air New Zealand’s rosters are immensely complicated. The mathematics department at University of Auckland was called to assist with its design based on algorithms. Its purpose is to match available pilot resources to Air New Zealand’s flight schedules. [56] Tours of duty are planned by the rostering staff to ensure that all pilots have adequate line flying and flying to meet their training needs. Tours of duty on the international...