Search Results

1. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

   ...required to accompany his truck on all ferry crossings. His employment agreement contained no specific provision dealing with the situation but the defendant relies upon cl 9.0 which provides: 9.0 MEAL & REST INTERVALS: Drivers are only permitted meal and rest intervals which are: (i) Required to comply with traffic regulations; or (ii) At the request of the Employer; or (iii) Needed to ensure health and safety, and the Employer has been advised. These meal and rest i...

2. Brooks v Taekwondo Union of New Zealand Inc [2017] NZHRRT 20 [pdf, 333 KB]

   ...personal information has been mistakenly withheld under ss 27 to 29 of the Act does not affect the time calculation under s 40 and s 66(4). It is not a defence that the agency honestly but mistakenly relied on one or more of the withholding grounds permitted by ss 27 to 29 of the Act. Nor can an agency’s lack of familiarity with the Act justify a stretching of the “undue delay” test. Resource issues, while relevant, are not determinative. On the facts, even allowing in favour of...

3. Firth Industries,a Division of Fletcher Concrete and Infrastructure [PDF, 1 MB]

   ...occupation, use and maintenance of permanent and temporary infrastructure and undertaking of activities within the coastal marine area and on land, associated with the America's Cup. The proposal requires various land use consents and regional permits associated with the structures, construction works and for the operations and events under the Auckland Unitary Plan: Operative in Part and the Auckland Council Regional Plan: Coastal Plan. Overall it is a non-complying activity. The Appl...

4. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

   ...and deliberately” isolated. She sought to support this claim by saying that her workplace 19 8I Corp v Marino [2017] NZEmpC 69, (2017) 14 NZELR 606. was relocated and that she was not permitted to return to the faculty for seminars or collegiality. She said she was compelled to take sick leave when she was not ill. Further complaints were made about the investigation, including a claim that it ceased to be an inquiry int...

5. [2021] NZEmpC 82 Barry v C I Builders Ltd [pdf, 279 KB]

   ...Ireland did not accept the proposition, the way in which this issue appears to have been approached by CIB has a number of similarities with trial and probationary periods. The difficulty is that trial periods and probationary periods are expressly permitted under the Act. Both are constrained in terms of the circumstances in which they can be used and the criteria which apply. [67] The independent contractor model is not an alternative which enables hirers to assess, by other m...

6. Ringwood v Auckland Council [2011] NZWHT Auckland 44 [pdf, 170 KB]

   ...and the first respondent have placed reliance on the vendors warranty at clause 6.2(5)(d) of the August 2000 sale and purchase agreement between the Urlichs and the first purchasers. Effectively this is a warranty that building work done or permitted to be done by the vendor complies with the Building Code. As the house clearly did not meet the weathertightness performance standard of the code, the purchasers would have had a remedy in contract against the Urlichs. [69] It...

7. LCRO 187/2017 MO v FP (13 December 2019) [pdf, 163 KB]

   ...LJ in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Assn Ltd:7 In giving its reasons for judgment [a Court] is not composing a general lecture upon a legal topic: it is setting out as succinctly as the time available for preparation permits, those propositions of law which it considers are correct, and which are essential steps in the decision it has reached in the particular case. It is not obliged to state an answer to the arguments against the propositions of law which...

8. AODT-Court-Operational-Policy-update-2023-v2.pdf [pdf, 367 KB]

   ...discuss arrangements. The team leader will take responsibility for matters during absences. • An AODT Court lawyer who has recurrent or ongoing scheduling conflicts will be removed from the AODT Court roster. • AODT Court lawyers are not permitted to swap their rostered sessions with other lawyers including other AODT Court lawyers. Any changes must be discussed with and managed via the team leader. • If required and if called upon to do so by the team leader, any AODT Court...

9. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...10 At [22]. 11 At [23]. 12 At [24]. 13 At [23]. phone was still in his hand and he indicated his intention to go to the side of the road to stop safely to check his phone. He said he had been unaware that the law did not permit a driver of a stationary vehicle to use a cell phone. 14 [17] Following the meeting, further investigations were carried out by Mr Butchart. These were followed by another meeting at which Mr McLennan was informed of the employer�€...

10. [2011] NZCA 595 CA439/2011 New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [pdf, 293 KB]

    ...or all of these sections applied to the proceedings before the Court, the Chief Judge did not consider that these provisions should be interpreted so as to bar a remedy in this case. He said that it would run counter to the scheme of the Act to permit a union (or an employer in respect of a lockout) to act egregiously in bad faith and in breach of its solemn commitments to act in good faith in respect of the bargaining and/or strike or lockout action. The Chief Judge referred to a...