Search Results

1. [2011] NZEmpC 17 Clarke v AFFCO NZ Ltd [pdf, 108 KB]

   ...questions of a number of witnesses about significant disputed events and recorded selectively only some responses to questions which could have led to allegations of predetermination. The defendant is a substantial company with professional human resources staff and training programmes for relevant managers including in investigations that may lead to sanctions as serious as dismissal of employees. I recommend to the defendant that it take advice about its managerial training for...

2. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...and undermining their confidence in the process given the high degree of reliance and trust they often place on counsel who has been with them from the outset. 4. The situation with respect to employer clients varies depending on size and resource. A specialist employment firm depends on the retention of these clients that provide repeat business while for smaller and medium sized businesses and organisations, the reason for wishing to retain counsel is not significantly dif...

3. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...dispute. The Wellington branch secretary of the union has alleged in an affidavit that he was informed by the then general manager of the respondent that the company had such a policy, but in an affidavit filed in response, the respondent‟s human resources manager denies that proposition. He deposes that the respondent has no such policy and claims that each case is considered on its merits. This dispute of fact can only be resolved by a full hearing. If the respondent does not...

4. [2010] NZEmpC 36 T & L Harvey Ltd v Duncan [pdf, 49 KB]

   ...competent representation of their choice and it is appropriate that a successful party be recompensed for the reasonable cost of such representation. Equally, it is open to a party to engage two representatives or to otherwise devote additional resources to the matter over and above that reasonably required. Where a party chooses to do that, however, he or she cannot expect to recover from an unsuccessful opponent any contribution to the extra cost incurred.

5. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...support of it. More particularly, it says that the employer’s last offer to the union of 26 May 2010 was rejected by union members who responded with a picket of the hotel on 16 June and a strike starting on 17 June 2010. The defendant’s human resources manager, Chloye Chen, says that “The defendant decided to lock out the striking employees with a view to persuading them to accept our last offer.” [21] Although this is only an interim hearing at which the evidence has not...

6. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...were conditional upon the immediate filing of those substantive proceedings in the Authority once the search order has been executed. I was also satisfied by the affidavit evidence from the plaintiff’s accountant that it has ample financial resources to meet an order for damages pursuant to the undertaking it has given. [5] I made an interim suppression order relating to the affidavit evidence of the plaintiff’s financial situation and directed that it not be served on the de...

7. [2012] NZEmpC 8 Gazeley v Oceania Group (NZ) Ltd [pdf, 126 KB]

   ...competence in previous roles. All of the significant evidence in the other seven affidavits was before the Authority. [8] For Oceania, five affidavits were provided. These included detailed affidavits from Mr Hipkins and from Katie Hoyle, a Human Resources Manager for Oceania. Other affidavits were from Susan Harzer, who was appointed as Facilities Manager at Woodlands following Mrs Gazeley’s dismissal, Janine Rogers, the administrator there, and Guy Eady, the Acting Chief Exec...

8. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...company’s negotiation team had created electronically and updated progressively a form of collective agreement that recorded the state of the bargaining. After each negotiating session, this was updated electronically by the company’s human resources manager, using the Microsoft “tracked changes” tool and sent by email to the negotiators including those for the union. This enabled the parties to the negotiations to see and verify changes made in the collective agreement cr...

9. [2006] NZEmpC WC 26/06 Farmers Transport Ltd v Kitchen [pdf, 47 KB]

   ...new manager. [25] I conclude that Mr Kitchen’s dismissal was substantively unjustified because his position was not surplus to his employer’s needs. [26] In considering the question of procedural fairness, I take into account the size and resources of the employer. Farmers Transport is one of a large group of companies. It has a number of branches and many staff and its executive officer had the advice of HR advisers. In those circumstances it is not unreasonable to expect...

10. Summit v REAA & Lewis [2011] NZREADT 38 [pdf, 108 KB]

    ...number of matters to his submissions made with a view to reduction of penalty as follows: “(i) the Authority agreement was entered into by Summit and the trustees very soon after the REAA 2008 became law; 5 (ii) considerable time and resources had been expended by Summit to ensure compliance with the new Act. Mr Naider referred in his documentation provided to CAC to over $20,000.00 having been spent; (iii) the non-compliance by Summit with the new statutory requir...