Search Results

1. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...resumed, “Mr Menefy continued to bait Mr Jonas in a way to invoke aggression.” In evidence, Mr Menefy denied that, at the time of the meeting, he wanted to get rid of Mr Jonas. He explained that he was being advised throughout by a human resources adviser and that “the risks of pre-determination” had been soundly explained to him. [20] Mr Richardson further told the Court (in evidence which I accept) that at the end of the meeting Mr Menefy made it clear that he did not...

2. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...throughout the hearing, was a video of the footage taken by Mr Peteru on his phone. The parties accepted that the video was sufficient to inform the Court. Preliminary decision [31] Mr Baillie met with Mr Peteru, and Oranga Tamariki’s Human Resources Adviser, on 31 May and 10 June 2021 to respond to the allegations. Mr Peteru’s preliminary decision was communicated to him by letter dated 28 July 2021. The conclusion was that the first, third, fourth and fifth allegations...

3. [2011] NZCA 14 CA405/2010 Idea Services Ltd v Dickson [pdf, 161 KB]

   ...who in a particular ―workweek‖ works for his or her employer. There is therefore some 31 At 168. 32 At 171–172. 33 At 172. 34 At 171–172. 35 See Chevron USA v Natural Resources Defence Council 467 US 837 (1984) and the discussion in Wool Board Disestablishment Company v Saxmere [2010] NZCA 513 at [114]–[115]. 36 At 171. greater basis for averaging over that particular unit of time (the ―workweek...

4. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...dismissal in the event the employment is terminated. Such trial periods can be particularly important for small and medium sized businesses, as they often face higher recruitment and dismissal costs relative to larger employers who have dedicated human resources departments. Small and medium sized businesses, therefore, face higher risks in taking a chance on a new employee. This Bill will provide opportunities for those who might suffer disadvantage in the labour market, for exampl...

5. Firmin v The Committee of Management of Atihau Whanganui Incorporation - Atihau Whanganui Incorporation (2016) 352 Aotea MB 233 (352 AOT 233) [pdf, 329 KB]

   ...Mr Firmin with the opportunity to address the hui-a-tau with his concerns. It might be sensible to do so. But any purported order of the Court to that effect might amount to an interference with the Incorporation’s right to manage its land and resources as it considers 16 [2010] Māori Appellate Court MB 566 (2010 APPEAL 566) 352 Aotea MB 249 appropriate, in the absence of any evidence of wrongdoing contrary to the Act...

6. [2022] NZEmpC 56 Urban Décor Ltd v Yu [pdf, 290 KB]

   ...relied on in order to facilitate the employer’s response, the letter itself was not equivocal, made it clear that there was a grievance to be addressed, and invited the employer to respond.9 8 Urban Décor, above n 1, at [55]. 9 Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14, [2021] ERNZ 47 at [22]. [37] The phrase quoted by the Authority falls into a similar category. While it could have provided more detail, it was not equivocal and on its own, or at...

7. Tucker v Real Estate Agents Authority [2020] NZHRRT 50 [pdf, 157 KB]

   ...doing so was that he did not consider it significant at the time. He later added that since becoming aware that the time period could be extended, he does not consider it reasonable for the REAA to have done so, given it is (in his opinion) a well-resourced organisation with many employees and because much of the information was easily accessible. [25] Mr Tucker acknowledged the reasonableness of the extension had not formed part of his complaint to the Privacy Commissioner. It is al...

8. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

   ...depression for a long time, perhaps for the previous 15 to 20 years. He attributed this illness to work pressure exacerbated by an absence of mentoring and a lack of adequate training. He said MPI’s New Plymouth office was understaffed and under-resourced. [21] However, candidly, Mr Smith did not make excuses for his part of the incident. He stated there were reasons behind the incident; a combination of being depressed through work and drinking alcohol while taking medication. A...

9. [2022] NZEmpC 75 Tranzurban Hutt Valley Ltd v New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc [pdf, 314 KB]

   ...Service Vehicles 2019, cl 3. 7 New Zealand Tramways and Public Passenger Transport Employees Union v Tranzurban Hutt Valley Ltd, above n 2, at [9]. Evidence [19] Tranzurban called two witnesses. The first was Ms Renee Snelgrove, Human Resources and Legal Director for the Tranzit Group, of which Tranzurban is a part. She is responsible for incorporating the required rest and meal breaks into bus drivers’ shifts. After describing the background to which I have alread...

10. LCRO 187/2017 MO v FP (13 December 2019) [pdf, 163 KB]

    ...determinations by a Standards Committee (and this Office) where allegations and submissions by (in particular) complainants, are often made in a ‘scatter-gun’ manner and often without merit or substance. It would be an appalling misuse of the resources of Standards Committees and this Office, if the requirement is to specifically address every allegation and submission. [44] I agree with those observations. Review on the papers [45] With the parties’ agreement, this review has...