Search Results

1. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...fifth defendant has been added to that proceeding and in respect of which interlocutory issues will almost inevitably arise and need to be dealt with. Public interest [38] This is private litigation so except to the extent of duplication of court resources which is contrary to the public interest, this is not a particular factor in this case. Witnesses [39] Although it is likely that the same witnesses who would give evidence in the Employment Court will do so in the High Court,...

2. [2022] NZEmpC 226 Association of Professionals and Executive Employees Inc (APEX) v Te Whatu Ora – Health New Zealand [pdf, 228 KB]

   ...Understanding to the DHBs. Decisions were made urgently; there was no ability to wait and see what happened. The point was to remove any possible hurdles that may have impacted on the laboratories’ ability to respond with the urgency and resources required. It was in that context, the PSA raised the concern that its members may be required to work weekends on lower penal rates than their colleagues, which was seen as a potential obstacle to co-operation. [55] As it tr...

3. Coroner-Windley-Minute-re-next-steps-to-determine-scope-2-Dec-2021.pdf [pdf, 220 KB]

   ...for documents to be translated [28] Some submissions have suggested that the Scope Minute needs to be translated into the nominated languages of Interested Parties before it can be discussed with them. Reference has also been made to translated resources having been promised to Interested Parties. [29] It is not clear to me whether the request is for all documents provided in the inquiry to be translated. If so, my current view is that it will not provide for a workable provisi...

4. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...necessary jurisdiction to make such an order.10 Part 9 includes the statutory provisions relating to personal grievances, and the standards applying to a fair and reasonable employer’s actions. Those standards include whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; whether the employer raised the concerns that the employer had with...

5. [2023] NZEmpC 217 MGK Homes Ltd v Yoon [pdf, 289 KB]

   ...what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. (3) In applying the test in subsection (2), the Authority or the court must consider— (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the em...

6. Justice Matters - issue 05 - December 2016 [pdf, 3 MB]

   ...across a range of disciplines will be very useful for the Ministry and will further enhance our collaboration with the New Zealand Police and the wider justice sector. He replaces Audrey Sonerson who has joined Police as their Deputy Commissioner (Resource Management).  Improving the court experience, making it faster, simpler and more standardised, are all goals we’ve made good progress on during the last financial year. Our 2016 Annual Report published in October highlights th...

7. [2016] NZEmpC 109 Dotcom v Orduna [pdf, 148 KB]

   ...inability to meet the legal expenses of this proceeding. [36] As to necessity, Mr Dotcom says that disclosure would unnecessarily expand the scope of the hearing, causing unnecessary delay and expense to the parties, would be wasteful of judicial resources and out of all proportion to any relevance which is itself denied. [37] As to Mr Dotcom’s allegation that disclosure of these documents would be injurious to the public interest, he says that it would be in breach of the rights...

8. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...after receiving copies of initial correspondence, advised that he did not wish to be provided with copies of further correspondence received from Mr JK. The task of receiving and responding to information drip fed in this fashion is taxing on the resources of the Office. [48] Nor is it fair to Mr OC that the Office tasked with completing independent inquiry into the Standards Committee process should receive a proliferation of correspondence forwarded to third parties which is ext...

9. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...reasons were: (i) Lack of confidence in the prospect of being able to recover. (ii) A desire to avoid being embroiled in further disputes with Mrs SD. (iii) A practical decision to ‘cut their losses’; rather than expend further time and resources pursuing the outstanding fees. [41] The E’s decision not to pursue the fees is of course a matter for them. I do record however that I had formed the view that the reasons advanced by the Es for adopting what, on its face, pres...

10. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

    ...1 Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02 4 would never get their indicative rates. Union officials raised this issue with him in March 2004. [17] Mr Cox, human resources manager for AFFCO, said that there was a very long established custom and practice for lamb cutters to be paid by the piece rate system which was always an all inclusive rate and quite separate from other distinct operations at Imlay.