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1. [2006] NZEmpC WC 26/06 Farmers Transport Ltd v Kitchen [pdf, 47 KB]

   ...work up to then. While I do not find that Mr Roebuck told Mr Kitchen that he was not to return to the workplace after he was made redundant, it is also clear that he was not encouraged to return. By telling him to go and check out alternative forms of employment in another part of the company, I find that Mr Roebuck made it clear to Mr Kitchen that he was not to return. Mr Roebuck now says that: He was encouraged by me to use his time to best advantage to sort out what else he w...

2. Update-on-the-political-lobbying-project [pdf, 144 KB]

   ...engage in matters that affect them. • Movement between roles in government and lobbying agencies can result in misuse of privileged information and unfair access. • Some behaviours could be unethical or illegal, for example if lobbyists falsely claim to represent groups when they do not, use bribery or donations to obtain special treatment, or deliberately manipulate public opinion with false information. Links with wider policy work on trust in democracy and social cohesion 19....

3. [2021] NZREADT 23 - Baker v Real Estate Agents Authority (18 May 2021) [pdf, 173 KB]

   ...account the purposes of the Act, the principles as to penalty, and the mitigating factors referred to above, is that Mr Drumm is ordered to pay a fine of $2,500. We are satisfied that this is the least restrictive penalty that is appropriate. Application for costs [43] Section 93(1)(i) of the Act provides that an order may be made that a licensee pay to a complainant any costs or expenses incurred in respect of the inquiry, investigation, or hearing by the Committee. A claim for...

4. [2007] NZEmpC CC 18/07 Murphy v Steel & Tube New Zealand Ltd [pdf, 144 KB]

   ...unjustifiable. He said that he had not intended to harm Mr Fowler and that he put his arm out behind him in a defensive reflex action. [4] Mr Murphy raised a personal grievance alleging that he had been unjustifiably dismissed. That claim was investigated by the Employment Relations Authority which held an investigation meeting on 1 November 2006 and gave a determination on 12 April 2007 (CA 42/07). The Authority concluded that Mr Murphy’s dismissal was justifiable and...

5. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...for architects, the role of academic qualifications, the required work experience, the interactive assessment, and the consequences of registration. 3 [8] Simply put, the Board is required to exercise judgment as to whether an applicant is able to practice competently. It generally requires that an applicant for registration as an architect in New Zealand must have a recognised academic qualification and a required amount of work experience. Mr Jackman emphasised th...

6. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 KB]

   LCRO 54/2018 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee [X] BETWEEN KJ Applicant AND VW Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Mr KJ has applied for a review of a decision by the [Area] Standards Committee [X] (the Committee)...

7. CBC v KFTO [2012] NZIACDT 24 (25 May 2012) [pdf, 131 KB]

   ...identify the services as being those contained in a schedule. The schedule refers to: [8.4.1.1] $500 payable “upon registration”, but does not explain what is contemplated by “registration”. 3 [8.4.1.2] A further $1,500 for “Application for Work Permit or Lodging of Expression of Interest – Whichever comes first payable upon lodging of application.” [8.4.2] The agreement provides that if the agreement is terminated by the client, then all fees become p...

8. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...B (“the substantive decision”).1 [2] Counsel for the parties have agreed that penalty may be determined on the papers. The Tribunal has received submissions as to penalty. [3] The Tribunal is also required to determine the defendant’s application for a permanent order non-publication of his name and identifying details. Counsel’s submissions on penalty have included their submissions on this issue. The Tribunal notes that a permanent non-publication order of Ms A’s n...

9. Case studies from evaluation of court-referred restorative justice pilot [pdf, 791 KB]

   ...Jackie to read the police summary of the events of that night. Tama was asked firstly if he agreed with the police account and to tell those at the conference what happened. Tama agreed with the summary and spoke briefly about it. His father, Tane, requested more detail. At this time, Tama’s minimal responses were incomprehensible due to his tears and sniffing. He said, ‘I didn’t really want to do it…when I looked at him…I just pushed him up against the till’. Encouraged...

10. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

    ...responses, it is the case for the plaintiff that that choice is for the employer not the Authority or Court. [8] In making these submissions, Ms Jenkins did not refer to the Court of Appeal judgment of White v Auckland District Health Board4 on the application for leave to appeal from the Employment Court decision in X v Auckland District Health Board. In the Employment Court Chief Judge Colgan agreed with the interpretation of s103A and its effects in practice as set out in Hudson...