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1. LCRO 35/2024 UX v RT (19 September 2024) [pdf, 265 KB]

   ...she sounded very upset and is determined to go unconditional today no matter what. Believes I am being [overly] legal, lost lease in [Street] because of my nitpicking. School hours are unacceptable. Can’t believe [the Firm] doesn’t have the resources to know what is going on in the body corporate. Told her that she should obtain a new lawyer as she has clearly lost faith in [the Firm]. 24 I am to speak to the secretary of the body corporate manager before going back and de...

2. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

   ...vetting checks ‘and any other checks that the directors of Tall Poppies may reasonably require.’ [23.4] Responsible for setting her own fees and invoicing clients. Tall Poppies was required to pay Ms Kelly 50 per cent of the government’s resource subsidy and 100 per cent of 20 hours Early Childhood Education funding per eligible child in her care. [23.5] Able to offer care to a maximum of 4 children at any one time and only between 6 am and 7 pm Monday to Friday. [23.6] R...

3. [2024] NZEmpC 127 Carrington Jade LP v Grant [pdf, 385 KB]

   ...[181] Then, the Authority found that neither the Carrington companies nor Mr Tan had made amends in any way for their inactivity. [182] When considering deterrence and culpability, the Authority noted that Carrington Resort appeared to be a well resourced tourism and leisure enterprise in the Far North, where it was one of the larger employers in an area suffering from limited employment opportunities. Mr Tan held himself out as being qualified in law. These factors, the Authority...

4. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...understand how it could meet its obligations to both her and ONM. [45] Also, on 2 May 2019, evidence for the intended hearing on 7 May 2019 was filed by ONM, being an affidavit from Ms C, and a brief of evidence from Ms D, a member of its Human Resources team. These witnesses provided detailed information as to the steps taken by ONM since the date of settlement, including those summarised above. Ms C acknowledged ONM was adopting a very cautious approach to the RTW issues, and...

5. Recommendations Recap Issue 16 [pdf, 498 KB]

   ...proactive review process to ensure StAC’s pastoral care structure and processes align with best practices identified in government agency guidelines in relation to youth suicide prevention and postvention (such as the shortly anticipated MoE Resource Kit update). III. IMPLEMENTATION OF RECOMMENDATIONS In response to my provisional Findings and an invitation to comment on my proposed recommendations, counsel for StAC advise that the recommendations made above are ac...

6. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...stretch” and the closest that he was prepared to venture was the freedom from unreasonable seizure in s 21. Mr Palmer submitted that it might be said that a wages clerk, required to refund deductions unlawfully made from the clerk’s own financial resources in circumstances where the clerk was innocent personally of any breach of the Act, might be said to be an unreasonable seizure of those monies. Mr Palmer felt obliged to concede, however, that even if this argument m...

7. [2021] NZEmpC 186 Restaurant Brands Ltd v Gill [pdf, 349 KB]

   ...form). An applicant would therefore need to engage with his or her employer to have the form completed. Mr Gill did so on this occasion. [12] RBL was well used to meeting such requests from its staff. Accordingly, on 3 February 2017, a human resources administrator forwarded the necessary documentation to Mr Gill. It included confirmation of Mr Gill’s employment by RBL, a copy of his IEA, a copy of the letter of offer of employment, a copy of his position description, and...

8. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...currently preformed by the Director. Reject. The primary conciliation role of the Commissioner is maintained, and the continued separation of compliance and litigation functions ensures that parties can freely engage in conciliation Prosecutorial resources and expertise will not need to be duplicated in OPC. 61 The chairperson of the Human Rights Review Tribunal should be a judge at the level of a District Court Judge. Reject. No evidence that previous chairs have been subject...

9. Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Maori Reservation (2021) 436 Aotea MB 209 (436 AOT 209) [pdf, 501 KB]

   ...Phillips carried out his healing, which attracted his 14 Barlow v Phillips, above n 1, at [65]. 15 Barlow v Phillips, above n 1, at [70]. 16 Barlow v Phillips, above n 1, at [76]-[80]. 436 Aotea MB 226 supporters, and they then provided resources to assist him to build the marae complex at Manu Ariki. I consider that during his lifetime he was a charismatic figure who influenced many people to join the Society and to seek to bring to fruition the vision he promoted for ho...

10. [2017] NZEmpC 115 Schollum and Hastings v Corporate Consumables Ltd [pdf, 598 KB]

    ...2015 the company’s South Island Manager, George Morris, was approached by a South Island employee, Jill Brothwell, who was also concerned about her holiday pay. [112] Mr Morris arranged for his wife, Irene Morris, who has a background in human resources, to make inquiries about holiday pay. She did so and in an email to Mr Morris of 2 March 2015 reported having spoken to the Ministry of Business, Innovation and Employment. Mrs Morris reported that payment for annual holidays inc...