Search Results

1. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...question. [70] On this issue, I have regard not only to the quality and consistency of the evidence but also to the likelihood of what each party alleges to have happened. I find the account given by Mr Kostic to be much more in accord with human nature and inherently much more likely to be correct than the case relied on by the employer. There are numerous factors which lead me to this conclusion. Mr Kostic was a passionate salesman pursuing a sale. Given his commitment to th...

2. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...dismissal. Of about 97 locomotive engineers involved in SPADs between 1 July 2004 and 21 October 2006 none was dismissed. Some had been involved in more than one. Toll recognises that SPADs are to be expected occasionally as they result from human error. So if a train had gone through a signal and stopped and the driver had reported it, it is unlikely the driver would have been dismissed. In this case, Toll decided that because the SPAD was combined with other aggravating featu...

3. [2012] NZEmpC 96 South Pacific Meats Ltd v Mohammed [pdf, 238 KB]

   ...upset by this revelation and told Mr Shanks that he would be returning on 3 August 2009 regardless. When questioned, Mr Shanks said that he could not recall such a conversation. [26] Mr Mohammed sought assistance from his friend and previous Human Resources Manager at another plant, Mr Small. Mr Mohammed and his son’s evidence is broadly consistent with what Mr Small had to say. His evidence was that he rang the company on 31 July 2009 and spoke to the receptionist, asking...

4. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...that these words or words similar to them were used. [14] The correspondence following the dismissal meeting is annexed to both Mrs Tu’itupou’s brief of evidence, now sworn as an affidavit, and the affidavit of Mr Walter Bruce Wall, National Human Resources Manager for the defendant. Mr Wall’s affidavit was sworn on the 2 August 2006. [15] On the 14 June 2002 Ms Schaaf wrote to Ms Jolly as follows: As indicated to you yesterday, Mrs Tupou Tu'itupou will be lodging a per...

5. [2014] NZEmpC 23 Greenslade v Jetstar Airways Ltd [pdf, 293 KB]

   ...sense the issues are associated because they both mandate an entitlement of employees to time away from immediate work concerns during a working period, although for different purposes. [41] Mr Harrison identified the rationale as being an issue of human dignity and this appears to be so from the sparse background information provided in support of the Bill which introduced what is now Part 6D. Also discernible are equally general references to qualities of work/life balance and, w...

6. Body Corporate 85978 and Unit Owners of St Pauls Apartments v Wellington City Council & Ors [2013] NZWHT Auckland 9 [pdf, 228 KB]

   ...and that the units known as the Quest units were not part of the eligible claim. While the Chair of the Body Corporate and the individual unit owners may not have fully understood the situation it is Mr Crew who was the contact person and the human face of the claimant for this claim. In addition it appears to be common knowledge that the issue of whether the Quest units could be part of the claim would be something that the Tribunal would need to determine after the claim for a...

7. Youth Court - history of the Youth Court [pdf, 217 KB]

   ...for control rather than benevolence. There was also strong criticism of the lack of accountability for young offenders. As Robert Ludbrook observed31 Our juvenile justice system prior to the 1989 Act had the effect of cushioning young people from the human, social and economic consequences of their behaviour. By parading young people before a line of public officials – Police, Judges, lawyers, social workers and residential care workers, they were sheltered from the consequences of their mi...

8. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...care was entirely consistent with the objects of the principal Act, a narrow conception of “expenses” or “costs” would be quite inappropriate. Wattson and Cunningham supported the lack of requirement for a formal contract and recognised in human terms, the opportunity cost to the provider (paras [29] - [36]). This was the approach Mr Miller urged the Authority to adopt here. [49] Mollgaard was distinguished by Mackenzie J in Matthews because the issue there was not whether M...

9. Director-General of Conservation [pdf, 467 KB]

   ...Regional Council on the Plan Change which are appealed by the Director-General of Conservation Appeal point Provision reference (decision version) Reason(s) for appeal Relief sought 1. Objective 1 This objective has a greater focus on the human aspects of health and wellbeing of the Waikato and Waipā rivers than the intrinsic aspects. There is lack of provision for, or recognition of, the need to restore and protect ecosystem health. Ecosystem health is a compulsory nation...

10. [2017] NZEmpC 95 Fraser v McDonalds and Doran v Carrick [pdf, 355 KB]

    ...instance with your Restaurant Manager/Franchisee. You can also request your own wage and time records. If the matter is not resolved in that discussion you should use the PAL programme (refer page 11) in which case the matter will be reviewed by Human Resources who will investigate and share relevant information. At any time you may seek advice from a representative: a parent/guardian, delegate, union official or other representative. Security of Hours From 1 October 2015...