Search Results

1. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

   ...by other staff about the history of personal conflict between the two midwives. On Ms Osborn’s own initiative and without Ms Clear making a complaint to her decided to take steps to try and resolve the issues. She received advice from Human Resources that she should address current problems as they arose rather than attempting to resolve the historical matters. She monitored the situation by keeping close contact with Ms Clear and encouraged her to report any issues immediately...

2. [2017] NZEmpC 70 Edminstin v Sanford Limited [pdf, 515 KB]

   ...employees in analogous situations. I do not agree with Sanford’s overall analysis that the case’s significance is limited strictly to Mr Edminstin and Sanford. That is, if nothing else, antithetical to the significant energy and financial resources committed to the case by both parties and the potentially broader implications of the judgment I inferred from the evidence of Sanford’s (former) human resources manager. [6] Because what constitutes “marks” is in part...

3. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...for the employee to nominate the choice of drug testing; or alternatively, if there is a gap, the threshold for implying a term is not met, and any problem should be resolved in bargaining between the parties. [11] The Supreme Court in Bathurst Resources Ltd v L & M Coal Holdings Ltd, recently said that in an implication case, the Court must:3 (a) first, interpret the words used by the parties in their agreement; and (b) if that exercise results in a gap, consider whether the...

4. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...are to be taken into account when considering the test of justification as to dismissal. These include whether the employer sufficiently investigated the allegations before dismissing or taking action against the employee, having regard to its resources; whether the employer raised their concerns prior to the dismissal; whether the employer gave the employee a reasonable opportunity to respond to the employer’s concerns before 2...

5. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [pdf, 343 KB]

   ...agreement to vary Mr Payne’s entitlements. Ultimately, there is a fundamental difference between an employer explaining something to an employee and agreeing something with an employee. [29] Email correspondence from Ms Dowding to her human resources adviser, Sylvia Wood, also records that she had “reminded” Mr Payne that the true costs were now being taken out of the gross commission. She does not say there was an agreement between them. [30] Ms Dowding’s view was th...

6. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

   ...scheme of the Act would be frustrated. An additional consequence would be that the Tribunal would receive an influx of claims which could have been screened out by the Commissioner’s process. [77.2] Hearing time before the Tribunal is a limited resource. Hearings are also resource intensive in that the Tribunal comprises not only a Chairperson but also two other persons appointed by the Chairperson from the Panel maintained by the Minister of Justice under the Human Rights Act 1993,...

7. Children and young people with charges finalised in the Youth Court June 2019 [xlsx, 256 KB]

   ...G., Kingi V., Robertson J., Morris A., Cunningham C. (2004). Achieving Effective Outcomes in Youth Justice: Final Report. Wellington: Ministry of Social Development. Available from: https://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/research/youth-justice/achieving-effective-outcomes-youth-justice-full-report.pdf https://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/research/youth-justice/achieving-effective-outcomes-youth-justice-full-rep...

8. Director of Proceedings v McMillan [2020] NZHRRT 19 [pdf, 411 KB]

   ...necessity for consultation with, or referral to, another midwife or a specialist medical practitioner; … 2.8 recognises and responds to any indication of difficulty and any emergency situation with timely and appropriate intervention, referral and resources; … 2.15 shares decision making with the woman/wahine and documents those decisions; 35 2.16 provides accurate and timely written progress notes and relevant documented evidence of all decisions made and midwifery...

9. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   ...specialist, and receive and review their report prior to submitting it to the Court. The agency would be independent from both the Court/judiciary and the Law Society. 35 https://www.bwjp.org/resource-center/resource-results/practice-guides-for-family-court-decision-making- in-domestic-abuse-related-child-custody-matters.html 36 Refer paragraph 8.54 of ‘A Better Family Law System to Protect Those Affected by Family Violence....

10. Chief-Coroners-Annual-Report-2021-22-and-2022-23.pdf [pdf, 1.4 MB]

    ...lives, of all those who have come before the Court in the previous two years. I acknowledge their families and whānau, and offer my condolences. The Coroners Court exists to serve the community. It is a court that is developing in many ways. Resources are increasing and we are implementing ways to ensure people are at the centre of all our processes. It is important that those who come into contact with the Coroners Court know what to expect, and can trust that they will be trea...