Search Results

1. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   ...issue in this proceeding is 15 January 2007 – 25 June 2009. [8] Another complicating factor, which related to the Defence Force payroll system at the relevant time period, is referred to in Mr Williamson‟s affidavit: 2. NZDF uses a computer human resources system called Atlas for its payroll. Atlas only operates on the basis of five day working weeks and eight hour days. The calculation of the payroll and leave for Security Guards and Senior Security Guards requires „„...

2. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

   ...George’s application, principally on the grounds that there was no conflict of interest which would disqualify the AC’s solicitors and counsel from continuing to act. An affidavit of Duncan Alexander Bremner, who held a number of positions in the human resources department of the Auckland Regional Council (ARC), now amalgamated into the AC, was filed in opposition. [3] Mr Drake relied on r 13.5.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules 200...

3. [2012] NZEmpC 91 Ball v Healthcare of NZ Ltd [pdf, 132 KB]

   ...Employment Relations Act 2000 (the Act). [2] The application was dealt with on the papers before the Authority. Ms Ball gave evidence in these proceedings. No evidence was produced by the defendant other than an affidavit from the current National Human Resources Manager for the defendant, Ms Brosnan. Ms Brosnan has no direct knowledge of the events in question and deposed that Ms Ball’s manager at the relevant time (Ms O’Connor)

4. [2008] NZEmpC AC 8B/08 Taylor Worldwide Publishers Ltd (In Liquidation) v von Tunzelman [pdf, 42 KB]

   ...Family Trust. Previous editions of Best of the Best were published by Worldwide Annuals Limited. Mr Taylor was responsible for sales and marketing for Worldwide Publishers Limited. Mrs Taylor dealt with administration, day to day finances and human resource issues. She described it as a very small family business. [13] It is not disputed that Mr von Tunzelman was employed to work on Best of the Best. However to determine the identity of Mr von Tunzelman’s employer it is nec...

5. [2013] NZEmpC 147 Ramkissoon v Commissioner of NZ Police [pdf, 103 KB]

   ...return to front line/shift work duties; contacted him at home while he was on sick leave in that regard and required him to provide further details of his illness; falsely asserted that he was using industrial blackmail; allowed an identified human resources manager to have an active role in his rehabilitation management and grievance when that person had a conflict of interest, having been the object of his earlier grievance; instigated an investigation against him...

6. Sufi v Department of Labour [2012] NZHRRT 6 [pdf, 65 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 6 Reference No. HRRT 008/2011 IN THE MATTER OF A CLAIM UNDER THE PRIVACY ACT 1993 BETWEEN AA (PAKISTAN) PLAINTIFF AND CHIEF EXECUTIVE, DEPARTMENT OF LABOUR DEFENDANT AT AUCKLAND Mr RPG Haines QC, Chairperson Mr R Musuku, Member Mr B Neeson, Member Plaintiff in person Ms C Pille for Defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 28 March 2012...

7. National Standards Committee v Toner [2013] NZLCDT 38 [pdf, 102 KB]

   ...placed before the learned District Court Judge, the practitioner was discharged without conviction. [5] Because of the steps which the practitioner had taken to address the underlying causes of her offending the NSC adopted what could be seen as a humane and rehabilitation-focussed approach to the penalty. It was initially urged upon the Tribunal that a suspension for two years would be appropriate in all of the circumstances. [6] The practitioner’s submissions were not far apa...

8. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

   ...operation in many ways. Examples of integration include the use of a single computer system to coordinate the movement of containers both at Woolston and at Lyttelton. The Company has a single set of policies and single systems for payroll and human resources. All employees of the Company receive the same newsletter and received the same commemorative gifts from the Company. On the other hand, there is very little exchange of staff or equipment between the two facilities and they...

9. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...infringing act) where they can show that the failure was necessary for the purpose of saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on a natural and physical resource or human health. • To avoid liability under the new sections, the defendant’s conduct also has to have been reasonable in the circumstances and the defendant must have taken all reasonable steps to mitigate or remedy the effects of the failure...

10. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

    ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find a disciplinary sanction should be imposed to uphold a complaint. However, it is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. It follows there will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary c...