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1. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...for the employee to nominate the choice of drug testing; or alternatively, if there is a gap, the threshold for implying a term is not met, and any problem should be resolved in bargaining between the parties. [11] The Supreme Court in Bathurst Resources Ltd v L & M Coal Holdings Ltd, recently said that in an implication case, the Court must:3 (a) first, interpret the words used by the parties in their agreement; and (b) if that exercise results in a gap, consider whether the...

2. [2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott [pdf, 214 KB]

   ...are to be taken into account when considering the test of justification as to dismissal. These include whether the employer sufficiently investigated the allegations before dismissing or taking action against the employee, having regard to its resources; whether the employer raised their concerns prior to the dismissal; whether the employer gave the employee a reasonable opportunity to respond to the employer’s concerns before 2...

3. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...and reasonableness. While we accept that, on the basis of the evidence before this and the Court below, Mr Tata acted honestly, our conclusion is that, taking into account all of the circumstances, his conduct was not reasonable. Where trust resources may be at risk or at least have been dealt with in a manner that should have raised concerns, trustees have a positive duty to act to protect the trust fund. Unless there has been a high degree of sophisticated fraud, a trustee must b...

4. Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council [pdf, 258 KB]

   ...$442,057.38 Uplifting, storing and relaying carpet $2,250.00 Remove store and re-hang drapes $1,950.00 Kaizon Limited project management supervision $22,162.50 Kaizon Limited mileage and timber testing $3,892.40 Remedial Design $31,731.42 ACC Resource Consent $1,600.00 Auckland City Building Consent Fees $9,643.66 Disbursements $152.98 Construction Insurance $1,125.77 Initial assessments2 $1,977.13 Engineer re balustrade $1609.99 [49] All the experts agreed that...

5. Winitana v Wairoa Waikaremoana Maori Trust Board - Lake Waikaremoana [2021] Chief Judge's MB 615 (2021 CJ 615) [pdf, 568 KB]

   ...Court Justice who accepts that the above matter as I say is the correct legal interpretation of s2 ss2(e) MAA 1953; and [G] since the Part 1, Stage One report of the WAI 2358 Waitangi Tribunal Inquiry into national freshwater and geothermal resources, dated 24 August found there is a residual proprietal interest of Maori in freshwater, thereby implying I do have a residual proprietal interest in the waters of Waikaremoana, with a consequent potential commercial value as to la...

6. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...fact that a police inquiry was being undertaken into the complaints to the police. Once the pilots’ union deflected the company’s inquiries by invoking the right to silence, matters settled down. The periodic correspondence from the Human Resources Manager of ANL attempting to call meetings for interviews, while premature, indicated the initial emphasis of the company on allegations of inappropriate purchase and consumption of alcohol. As matters progressed, ANL raised furthe...

7. [2013] NZEmpC 60 Snowdon v Radio New Zealand Ltd [pdf, 236 KB]

   ...matters proceeded to trial, the history of the two previous adjournments, the Employment Court’s previous comments as to complexities and delays which were unconscionable and largely unnecessary and the extraordinary amount of time and effort and resources that had to be poured into these proceedings by the defendant without any resolution of the substantive claims. He referred to the affidavits of current and former employees and advisors of the defendant as to the significant i...

8. Employment Court Practice Directions Mahi Aronga as at 1 September 2024 [pdf, 421 KB]

   ...māngai, ngā hunga, me ngā kaititiro i a rātou i roto i te reo Māori, me te tuku mihi, pepeha rānei, me te kore whakakōnae me te tuku i te pānui o te takune kia pēnā te mahi. He ārahi hei āwhina nā te NZLS i konei NZLS | Te Reo Māori resources (lawsociety.org.nz). Ngā pukapuka kōti 5) E whakarato ana te waeture 32 mēnā, i raro i ngā Waeture a te Kōti Take Mahi, e whakaratoa ana te pukapuka ki te tangata Māori i raro i te tikanga o Te Ture Whenua Māori Act 1993, k...

9. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [pdf, 343 KB]

   ...agreement to vary Mr Payne’s entitlements. Ultimately, there is a fundamental difference between an employer explaining something to an employee and agreeing something with an employee. [29] Email correspondence from Ms Dowding to her human resources adviser, Sylvia Wood, also records that she had “reminded” Mr Payne that the true costs were now being taken out of the gross commission. She does not say there was an agreement between them. [30] Ms Dowding’s view was th...

10. Previous COVID-19 updates

    ...August 2020 COVID-19 information page and related court pages updated with new jury trial suspension information Information for all court users (page has been archived) page updated with new jury trial suspension information Video training resource YouTube link for remote participation in court hearings has been published 26 August 2020 Guidance for property sales and settlements during COVID-19 (page has been archived) has been published Property sales and settleme...

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