Search Results

1. [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...

2. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...prohibited narcotics. The identities of some of those informants have yet to be disclosed to the plaintiffs or to the Authority or the Court. The identity of one of those informants, and what he is alleged to have said to the company’s human resources manager, has now emerged. Whether the defendant must now disclose the identities of those other informants, and the veracity or reliability of the evidence of those informants, will be important questions for the Authority in dete...

3. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...of the statement of claim please state: …(ii) the date when each of the nine persons who had been incorrectly treated as contractors was employed by the plaintiff; (iii) the person or persons amongst the plaintiff’s managers and human resources personnel who employed as contractors each of the nine persons who had allegedly been incorrectly treated as contractors; … (v) how the alleged potential tax liability of $380,000 was calculated; (vi) the information relied...

4. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...restructure was overseen by David Ralph, the operations manager. Through 2005 and 2006 about 60 employees were made redundant in several stages. This was carried out by Mr Ralph in consultation with the relevant union. He also took legal and human resources advice. [17] In the course of this process Mr Ralph had sought assistance from Mr Davison to assess the performance of other employees who were affected by the restructuring but Mr Davison was not advised that his own position...

5. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

   ...1 Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02 4 would never get their indicative rates. Union officials raised this issue with him in March 2004. [17] Mr Cox, human resources manager for AFFCO, said that there was a very long established custom and practice for lamb cutters to be paid by the piece rate system which was always an all inclusive rate and quite separate from other distinct operations at Imlay.

6. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   ...assistance from the Maori Land Court by way of funding to enable the Trust obtain legal advice. Your response on this would be much appreciated. We do not feel we can progress this matter without legal advice and the Trust as you know has very limited resources at this time. 4. Short term: To cover the interim period we have agreed as a Trust to confirm the status quo until further notice or until the MoP is signed, provided: (a) LDB takes reasonable steps during this interim...

7. [2015] NZSAAA 01, (30 January 2015) [pdf, 81 KB]

   ...parties share the responsibility for bringing up and supporting any relevant children. (6) Whether the parties share household and other domestic tasks. (7) Whether the parties share costs and other financial responsibilities by the pooling of resources or otherwise. (8) Whether the parties run a common household, even if one or other partner is absent for periods of time. (9) Whether the parties go on holiday together. (10) Whether the parties conduct themselves towards, and are tre...

8. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...such as rentals, that are derived from the retention, use and development and control of the trust lands… Clearly the Churtons have been demanding lessees. … Any further occupation by the Churtons will be demanding of the limited trust resources, relative to any new lessee who will comply with a new lease agreement. That cannot be in the best interests of all the owners, their whānau, hapū or descendants. [32] I agree that the applicant’s future interest must be weighed...

9. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...such an outcome being imposed. This, it submitted, would abrogate the rights of the workers under the clause. [12] Two witnesses gave evidence for Fonterra. The first was Helen Blair who was, at the time of the negotiations for the cea, Human Resources Manager Operations. The second was Brian How who was, at the time of the negotiations, Strategic Projects Manager. Both represented the company in the negotiations. They each gave evidence of their specific understanding of th...

10. [2014] NZEmpC 235 Rutherford Street Kindergarten v Chilton [pdf, 119 KB]

    ...30 May 2012 enquiring as to what had happened, finishing with the words “since I have heard nothing further from you in relation to a letter back to the kindergarten that you mention, I am now asking for your confirmation that NZEI will not be resourcing any more time on my case”. She then sought legal advice from her current lawyer on 11 June 2012, who said he would review the matter. He did and, following correspondence between counsel, proceedings were issued on or about 12...