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1. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...an unusual outcome against the backdrop of a finding of unjustified dismissal, and one that I do not consider viable in this case. 16 Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198, [2015] ERNZ 361 at [108]. The Court of Appeal declined leave to appeal in Ritchies Transport Holdings Ltd v Merennage [2016] NZCA 191. 17 Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) at [20]. Compensation for humiliation, loss of dignity and injury t...

2. Welcome Guide Information for court and tribunal interpreters v2.pdf [docx, 1.7 MB]

   ...requests by the interpreter during a court hearing should be addressed to the judicial officer. The following guidance is from the code of conduct in the Ministry’s Quality Framework: Talking to a judicial officer A judge of the High Court, Court of Appeal and Supreme Court is referred to as “Justice” followed by their surname. A judge of the District Court or other court (such as the Employment Court or Environment Court) is referred to as “Judge” followed by their surname. A jud...

3. Family Court Rewrite Submission - Youth Law [pdf, 453 KB]

   ...to be undertaken into how the outcomes of the Family Court proceedings are communicated to the child. The Lawyer for the Child guidelines contain a requirement that lawyer for child must provide advice to the child about the outcome, the right to appeal and the merits of an appeal. However, there is no proposed means of how this is to be achieved.35 We believe that lawyer for child should speak to children at the end of the proceedings to advise them of the influence that their view had on...

4. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...undertook to speak to the plaintiff about it and to come back to Mr Reed. [11] Mr Climo met the plaintiff and his wife on 16 February and told them that Mr Reed was not happy with the 10 February letter and considered that it amounted to an appeal and that Mr Reed said that he would set the letter aside. Mr Climo told the plaintiff that the letter was too strong and may have damaged the plaintiff’s relationship with Dynea and, if the case was reopened, there was the possibility...

5. [2008] NZEmpC CC 4A/08 Sefo v Sealord Shellfish Ltd [pdf, 86 KB]

   ...circumstances a decision to suspend summarily and without inquiry of the affected employee will need to be justified as that term is defined now in s103A of the Act. [34] The severity of suspension from employment was recognised by the Court of Appeal almost 25 years ago in a case involving a probation officer, Birss v Secretary for Justice [1984] 1 NZLR 513. In Birss Richardson J wrote at p521: Suspension is a drastic measure which if more than momentary must have a devastating e...

6. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...the ordinary meaning of the word “arranges” and to the protective purpose of this part of the ER Act, however, it must be construed relatively widely. [87] In Giltrap City Limited v The Commerce Commission [2004] 1 NZLR 608, the Court of Appeal considered the meaning of the term “arrangement” in s27 of the Commerce Act 1986. It concluded that, to establish an arrangement, it was not necessary to rely on concepts of mutuality, obligation or duty and that the ultimate inq...

7. Milligan v Robert Brown Developments Ltd [pdf, 133 KB]

   ...the Council had taken advice during the adjournment and was willing to proceed. [40] After hearing from the Claimant’s solicitor and the parties representatives, I reviewed the relevant principles as set out in the aforementioned Court of Appeal cases and the IBA Guidelines, advised of my WHRS adjudication record of cases and after carefully considering the contents of the Riskpool letter and the submissions and responses of the parties, I concluded that a reasonable and info...

8. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

   ...what was an appropriate vacancy. This would have avoided the need to pursue redeployment to any other position and her subsequent dismissal. The plaintiff was found to have been unjustifiably dismissed. [28] In Westpac the Court of Appeal considered a redeployment provision which stated that the bank would “make every reasonable endeavour to identify” and offer at least one job option which was substantially similar to the position being made redundant. Ms White...

9. [2012] NZEmpC 211 Service and Food Workers union Nga Ringa Toa & Page v Sealord Group Ltd [pdf, 262 KB]

   ...earlier position that such evidence was only admissible when the words of the agreement were ambiguous or unclear. Indeed, the current state of the law appears to be that in all cases such reference is possible and even desirable. The Court of Appeal has developed the following approach in contract cases. One looks first at the words used — they must obviously be the starting point — and then at the surrounding circumstances to make sure that the first impression of the meaning...

10. RV v Auckland Standards Committee LCRO 299 / 2011 (18 October 2012) [pdf, 197 KB]

    ...NZAR 408. 11 At [21]. 11 application for review of a determination to lay charges. However, I also note the statement of Winkelmann J in Deliu v Hong12 where she said at [31]: In my view the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...