Search Results

1. [2013] NZEmpC 113 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D'Souza [pdf, 116 KB]

   ...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 employer...

2. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...the timetables of the Court and the lay members, not once but three times. In this context, the authority cited by Mr Webster, Holden v Architectural Finishes Limited 10 PRNZ 675 at 680 is celiainly apposite: "Court time is a valuable public resource. Jt is expensive and in short supply. It always has been, and I fear it always will be. As a matter of public interest, Court time must not be wasted. There should be corresponding disincentives to unwarranted proceedings, or elements...

3. [2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd [pdf, 365 KB]

   ...October 2013 there were discussions between the Union’s local organiser, Shirley Walthew, and the union members at Jacks about the process of initiating bargaining for a collective agreement. Before that could occur, however, Jacks’s human resources manager and administrator raised concerns with the Union about union membership conversations taking place between staff in the store during working hours. Their concern was that these were impacting negatively on the business. Ms...

4. Short v Stowers - Tumu Kaituna 14 (2018) 199 Waiariki MB 188 (199 WAR 188) [pdf, 335 KB]

   ...will be permitted by the trustees without approval from: first, a majority (by shares) of owners participating in a postal vote following consultation with owners at a general meeting; and thereafter the Court; (e) Given the level of financial resource currently available to the trust, it is not sensible or prudent to commit funds to the surveying of the land, and the obtaining of separate title, ahead of the Court’s approval of conversion of the land to General land; and (f)...

5. [2011] NZEmpC 164 Taylor v Milburn Lime Limited [pdf, 102 KB]

   ...judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for that delay is the Christchurch earthquakes, which have impacted heavily on the Court’s resources and my availability to devote the time required not only to complete this judgment but also to complete judgments in other matters heard before this case. Costs [47] Costs are reserved. The challenge has been successful and, subject...

6. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

   ...Committees where complaints are initially, and usually finally, adjudicated. [66] In my view, s 205 of the Act is intended to arm this Office with the summary ability to bar applications for review that lack merit, in order to focus what are limited resources to cases where there is an arguable case for the review application proceeding further. 11 Abuse of process [67] The meaning and application of “abuse of process” has been widely considered by the Courts. Some usef...

7. LCRO 189/2021 KP v MM (10 February 2022) [pdf, 175 KB]

   ...application indicated an intention by him to rehearse the arguments raised in the various court proceedings between 2018 and 2021. Mr MM described this as being potentially “unhelpful, unproductive and [an unnecessary] burden [on] the LCRO’s resources.” [47] Beyond indicating a wish for his review application to “go to hearing”, Mr KP has not identified any particular aspects – relevant to the issue to be considered – which make it necessary for this matter to be deal...

8. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...Zealand. With the agreement and approval of the Clinical Psychologist who had been treating “A” in New Zealand, a referral was made to Dr Gordon Barclay who is a psychiatrist based in Glasgow in Scotland. Dr Barclay specialises in Comprehensive Resource Model (“CRM”) therapy. “A” consulted with Dr Barclay over teleport (an online audio-visual link) on four occasions in late November and December 2019. Because this therapy seemed to be working, “A”, his wife...

9. [2006] NZEmpC 61A/06 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 71 KB]

   ...long hours of on duty time of up to 14 hours per day, anti-social hours of shift work (4.45am to 1.30am the following day plus Night Rider Services, midnight to 4am) and extended time away from their families. [8] Mr Cook, the National Human Resources Manager for Stagecoach New Zealand, the trading name of Transportation Auckland Corporation Limited and Cityline (New Zealand) Limited, said the cea, which has the full name of Bus Operators, Servicepersons/Operators & General Ha...

10. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

    ...source, the governing legislation. [57] Mr Guich appears to have neither looked at the letter nor the website, instead relying on a hard copy guide in his office, which turned out to be several years out of date. That is always the risk with resource materials held in hard copy in an office. He was not entitled to determine the appeal period, a critical calculation as he accepts, in that way. [58] Mr Guich relies on the Tribunal’s decision in E v S where a complaint including a...