Search Results

1. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...the ground for dismissal. The only definitions of this term, and they are similar, are in the Employment Relations Act in connection with personal grievances based on a claim that the aggrieved employee was the victim of sexual harassment and in the Human Rights Act 1993. Without going at this stage into the full definitions, one of the requirements is that the behaviour complained of must be of a sexual nature. … [26] It is not all such behaviour that amounts to sexual harassment. It...

2. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

   ...irrelevant or privileged, or both. [46] Document 240 is a draft letter prepared for the purpose of obtaining legal advice from one of the defendant’s then lawyers, Garry Pollak. It was a draft letter addressed to Gerda Gorgner, who I understand was a human resources staff member with PFC, discussing the proposed transfer of employees as a group. The letter s said to have been written before the transfer when the defendant was seeking to resolve its concerns about that matter. M...

3. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 42 READT 070/14 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (per CAC 301) Prosecutor AND GARY MURPHY & PROPERTY LINK GROUPS LTD Defendants MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Ms C Sandelin - Member HEARD at AUCKLAND on 12, 13, and 23 March 2015 DATE OF THIS DECISIO

4. [2014] NZEmpC 154 Fox v Hereworth School Trust Board [pdf, 200 KB]

   ...be irrelevant. Decision – Category (a) documents [53] The category (a) documentation sought by the plaintiff is described by the plaintiff as “All emails, notes, records and the decision of the further disciplinary investigation led by the Human Resources Department” into a Ministry employee to whom I will refer as ML. The plaintiff says that this material relates to disciplinary action taken in relation to ML as recommended by the Buchanan Report into ML’s omission to pr...

5. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...stable income plan but Golden Bay's evidence was that the stable income plan was not linked to or dependent in any way on cl 24 of the collective agreement. Evidence in this regard was given on behalf of Golden Bay by the Company's former Human Resources (HR) Manager, Mr Alexander Gellatly. Mr Gellatly had been the HR Manager for Golden Bay between 1987 and 1989. He was then employed by Fletcher Construction from 1989 to 1994 and between 1994 and 2000 he provided consul...

6. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...action was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline th...

7. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

   ...making her leave that company. [5] Accordingly, in early 2010 she made a complaint to the Authority about the defendant’s conduct by lodging an objection to the issuing of an agent’s licence to the defendant. She has also made complaints to the Human Rights Commission, the 3 Privacy Commissioner, the Real Estate Institute of NZ, and has pursued a personal grievance for unjustifiable dismissal in respect of her view of the defendant’s actions towards her. [6] In a...

8. Heta v Ministry of Social Development [2013] NZHRRT 8 [pdf, 117 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 8 Reference No. HRRT 015/2011 UNDER THE PRIVACY ACT 1993 BETWEEN MARGARET HETA PLAINTIFF AND MINISTRY OF SOCIAL DEVELOPMENT DEFENDANT AT ROTORUA BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Mr MJM Keefe, Member REPRESENTATION: Ms M Heta in person Mrs D Harris and Ms L Hercus for defendant DATE OF HEARING: 11, 12 and 13 March 2013 DATE OF DECISION: 21 Mar...

9. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF AND OF THE DEFENDANT (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 25 Reference No. HRRT 029/2012 UNDER SECTION 51 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN ABC PLAINTIFF AND XYZ DEFENDANT AT AUCKLAND BEFORE:...

10. FERGUSON Suzanne Claudia (CSU 2010 WHG 000160) [pdf, 210 KB]

    ...is for the rural sector and communities associated with farming to stand up and take the leadership or ownership of the health and safety issues including quad bikes without the threat of enforcement of the regulators and prosecution. [99] Human nature has shown that proactive leadership will always win the test of longevity in terms of success as opposed to coercion or compulsion. Self initiation has more long-term value in the end. 16 Roll Over Protection Devices [10...