Search Results

1. OIA-106912.pdf [pdf, 1.8 MB]

   ...Importance of case management ([103] – [106]) 5. The Court refers to the helpful guidance provided by the HCCH Guide to Good Practice on Art 13(1)(b) of the Convention.3 The Guide was published before the hearing of the appeal, and was a very helpful resource because of the international context it provided. In particular, the Court focused on appropriate case management as being essential to ensure that issues are identified, and evidence relevant to those issues are provided to the court...

2. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...present but it and the other cases cited by Mr Alderslade point the direction that the Court should take: Forester v Newlands (West Griqualand) Diamond Mines Ltd (1902) 18 TLR 497; Oliver v Dalgleish [1963] A11 ER 330; ANZ Nominees Ltd v Allied Resources Corporation Ltd (1984) 2 ACLC 783 and Clifton v Mount Morgan Ltd (1940) 40 SR (NSW) 31. [54] Accordingly, the irregularity in Mr Shortland moving the resolution is not fatal to the call for a poll vote. [55] But, more to the point...

3. [2014] NZEmpC 153 Roy v BOT of Tamaki College [pdf, 131 KB]

   ...correspondence that the two of us will enter into”, “Let’s celebrate these positive things that we had between us and not dwell upon any negatives”, and the like. The email concluded with Mr Roy’s advice to Ms Pamaka that he had left some resources for his successor and that he would like to collect some personal items “at the end of the year”. He continued: “I've cancelled my invitation to the sports dinner to avoid anyone any sense of uneasiness, but please g...

4. [2021] NZEmpC 215 Stewart v AFFCO NZ Ltd [pdf, 318 KB]

   ...in the offered documents. [22] The Court was advised that the Authority held an investigation meeting into these issues in November 2020, but the Authority’s determination has yet to issue. [23] On 24 August 2020, AFFCO’s National Human Resources Manager, Mr Dane Gerrard, sent a communication to workers at Imlay as to a proposed rate review, and as to availability provisions. AFFCO wished the recipients to sign an attached schedule, which would bring about variations to the...

5. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

   ...responsive and communicative and that Mr Wilton had legitimate concerns about the length of time Mr Robinson needed for recovery and whether additional surgery would be required. It determined that: 4 Having considered Pacific Seals’ limited resources as a small business with respect to staffing, alongside the 11 month duration of Mr Robinson’s incapacity at that date, the length of time before planned surgery, as well as on-going uncertainty about when Mr Robinson wou...

6. AW v ZK LCRO 230/2012 (28 March 2014) [pdf, 259 KB]

   ...Tribunal under ss 152(2)(a) and 212 LCA. I have refrained from doing so because there is an element of futility in circumstances where the Practitioner has already suffered the ultimate professional sanction, and out of concern about wastefulness of resources. [49] I nevertheless find that this was unsatisfactory conduct at a very high level and I therefore impose the following penalties: (a) In light of my findings at [28] above, that the estate was charged about three tim...

7. Reid v Fire Services and Crown Law (Recall Application) [2012] NZHRRT 27 [pdf, 95 KB]

   ...was filed. In an email to the Secretariat of the Tribunal dated 23 April 2012 Mr Reid explained why: 4 Also it may assist the Tribunal to know that the appeal for which the Court of Appeal granted leave was not pursued because of my limited resources and because, at best, the appeal would have confirmed the current legal position that the Tribunal was bound by the Blank and Snorkel decisions. [15] We do not accept that “the current legal position” is as claimed by Mr Reid. W...

8. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...manageable levels, and was not causing the plaintiffs physical or mental harm caused by work-related stress.  Provide Mr and Mrs Cronin-Lampe with adequate supervision, support, case load management and counselling.  Provide adequate resourcing of the department in which Mr and Mrs Cronin-Lampe worked.  Provide adequate professional development.  Address workplace bullying of Mrs Cronin-Lampe by another staff member.  Provide training in trauma and suicide...

9. [2013] NZEmpC 206 Candyland Ltd v Jarvis [pdf, 135 KB]

   ...procedurally and substantively flawed. Dismissal was not what a fair and reasonable employer could have done in all of the circumstances and the process followed fell well short of what is required, even having regard to the size of the business and the resources available to it. 2 [29] The concerns raised on 27 July included that Mrs Jarvis had left work early on 24 July, thereby abandoning her employment. Two timeframes were referred to. First, it was suggested that Mrs Jarv...

10. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

    ...and pupils of the school. As noted earlier, the current principal has deposed to the impact on the administration of the school as a whole of the continuing dispute between the applicant and the respondent. In his view, “the time, energy, and resources expended to defend the ongoing litigation is making it difficult for the school to move forward.” I accept that evidence not only because it was uncontradicted but also because it seems to me to reflect the reality of t...