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1. [2022] NZEmpC 56 Urban Décor Ltd v Yu [pdf, 290 KB]

   ...relied on in order to facilitate the employer’s response, the letter itself was not equivocal, made it clear that there was a grievance to be addressed, and invited the employer to respond.9 8 Urban Décor, above n 1, at [55]. 9 Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14, [2021] ERNZ 47 at [22]. [37] The phrase quoted by the Authority falls into a similar category. While it could have provided more detail, it was not equivocal and on its own, or at...

2. Tucker v Real Estate Agents Authority [2020] NZHRRT 50 [pdf, 157 KB]

   ...doing so was that he did not consider it significant at the time. He later added that since becoming aware that the time period could be extended, he does not consider it reasonable for the REAA to have done so, given it is (in his opinion) a well-resourced organisation with many employees and because much of the information was easily accessible. [25] Mr Tucker acknowledged the reasonableness of the extension had not formed part of his complaint to the Privacy Commissioner. It is al...

3. [2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries [pdf, 282 KB]

   ...depression for a long time, perhaps for the previous 15 to 20 years. He attributed this illness to work pressure exacerbated by an absence of mentoring and a lack of adequate training. He said MPI’s New Plymouth office was understaffed and under-resourced. [21] However, candidly, Mr Smith did not make excuses for his part of the incident. He stated there were reasons behind the incident; a combination of being depressed through work and drinking alcohol while taking medication. A...

4. [2022] NZEmpC 75 Tranzurban Hutt Valley Ltd v New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc [pdf, 314 KB]

   ...Service Vehicles 2019, cl 3. 7 New Zealand Tramways and Public Passenger Transport Employees Union v Tranzurban Hutt Valley Ltd, above n 2, at [9]. Evidence [19] Tranzurban called two witnesses. The first was Ms Renee Snelgrove, Human Resources and Legal Director for the Tranzit Group, of which Tranzurban is a part. She is responsible for incorporating the required rest and meal breaks into bus drivers’ shifts. After describing the background to which I have alread...

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

   ...determinations by a Standards Committee (and this Office) where allegations and submissions by (in particular) complainants, are often made in a ‘scatter-gun’ manner and often without merit or substance. It would be an appalling misuse of the resources of Standards Committees and this Office, if the requirement is to specifically address every allegation and submission. [44] I agree with those observations. Review on the papers [45] With the parties’ agreement, this review has...

6. [2014] NZEmpC 209 McLennan v New Zealand Post Ltd [pdf, 161 KB]

   ...some inquiries himself. 8 [15] The meeting was held on 10 May 2013. Mr McLennan was supported by Mr Thomson. Mr Butchart conducted the meeting. Also in attendance was Mr McLennan’s direct manager, Nigel Burton, and Lisa Whooley from Human Resources (HR). 6 At [12]. 7 At [13]. 8 At [18]. [16] The Authority recorded Mr McLennan’s responses to the four allegations, as follows: (a) With regard to the assertion...

7. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

   ...2012 advising his application for a work visa had been declined. [4] Mr AB was at the time working for [Supermarket] in [Town] as a [XXXX] apprentice. [Supermarket] was supporting Mr AB in his application for a work visa. Mr NS was the Human Resources Manager at [Supermarket]. 2 [5] On 20 November 2012, Mr NS emailed Ms OC requesting a meeting to discuss Mr AB’s options going forward, following the decline of the visa application. [6] On 3 March 2013, a fee estimate was...

8. Flight Senior – Waipapa 1D 2B 3B (2014) 316 Aotea MB 3 (316 AOT 3) [pdf, 264 KB]

   ...Rangi’s interests in Waipapa 1D2B3B block. [16] Counsel contended that the Court should take into account the fact that Mr Flight has spent an estimated $20,000 over the years on the dwelling, as well as consideration of his time, labour and resources. For these reasons therefore, Mr Flight says his claim in equity is superior to that of any other person claiming ownership. Respondents’ case [17] The trustees contended that the dwelling is a fixture, and as such there is a pres...

9. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...project manager on a proposal they were pursuing. He had received a substantial fee. When the matter came to the notice of the employer the grievant was dismissed for possible misuse of confidential information, misuse of his employer’s time and resources, a conflict of interest between his two roles, the possibility of adverse comment and publicity for the employer, and a breach of his duties as a public servant. The code of conduct in that case contained an identical clause to...

10. Rihia v Te Runanganui o Ngati Hikairo - Lake Rotoaira Trust (2012) 287 Aotea MB 44 (287 AOT 44) [pdf, 248 KB]

    ...their views should be ignored. [38] As the Court of Appeal has recently underscored, this Court must fashion its processes to ensure the widest possible participation of owners, with my proviso that such objectives must also be guided by the resources available to the trust in question. 15 That Court also acknowledged that where appropriate, powers of attorney may also assist in ascertaining the extent to which nominees are broadly acceptable. As I have emphasised from the out...