Search Results

1. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...relevant training session the next morning. He did not do so. [57] Mr Gibson-Smith was asked again to attend bond line training on 2 May 2018; he was also told that if he did not attend that session, there would be a formal meeting involving Human Resources. He declined to attend. [58] On 2 May 2018, Ms Thompson wrote formally to Mr Gibson-Smith stating he had failed to follow instructions and attend bond line training. She said this may amount to a breach of MBIE’s...

2. BORA Armed Forces Law Reform Bill [pdf, 557 KB]

   ...there is no ability to deal summarily with minor charges against senior officers: the resulting requirement to convene a general court martial to try those officers for minor offences is considered inefficient and an unwarranted expenditure of public resources. Courts martial system • Courts martial are currently convened by senior officers in command who approve the charges and also appoint the prosecutor and the members of the court (i.e. military officers who perform a similar func...

3. [2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust [pdf, 259 KB]

   ...included the Living Allowance Scholarship, free accommodation, heavily subsidised Internet and utilities, a BP fuel card with reduced prices on petrol and oil purchases, some free meals, 20 per cent discount on certain purchases of The Salvation Army resources, use of a free laptop with software and support, and some free text books. [109] I consider first the allowances that were available. As already explained, during the first year of cadetship, a Student Allowance was availabl...

4. UK v VL LCRO 142/2013 (2 September 2016) [pdf, 257 KB]

   ...a structured process has a number of advantages. By thinking it through, a reporting lawyer may recognise a range of potential issues and consequences; other lawyers may be spared the inconvenience of having to address groundless complaints; the resources of the regulatory processes may not be diverted into addressing complaints and reports made on the basis of suspicions for which no reasonable ground exists. Some other good reason for making or not making a confidential report might b...

5. [2011] NZEmpC 63 Hally Labels Ltd v Powell [pdf, 232 KB]

   ...not to attend because of his resignation. On 8 December Mr Welch contacted the defendant to arrange a meeting to discuss the restructuring and, I find, the handover of the clients. The defendant had already given his laptop to Hally‘s human resources manager, Amanda Nottingham. The defendant was placed on garden leave through to the end date of his employment on 7 February 2011. [22] At the meeting on 9 December, Ms Nottingham and Mr Welch discussed the defendant‘s role t...

6. Hutcheson v Clarkson - Mangamaire B No 2 Block (2020) 86 Takitimu MB 283 (86 TKT-283) [pdf, 379 KB]

   ...of Mr Goodman [29] Mr Goodman was engaged as a farm consultant and produced a farm report dated 30 January 2020. Mr Goodman verified the state of the farm and recommended options for improvement. In doing so, he carefully reviewed the physical resources of the land, including soil type, rainfall and effective farming area, to estimate production potential once deferred maintenance is completed. [30] The report noted the farm is currently a dryland sheep and cattle farm under a g...

7. [2016] NZEmpC 23 Banks v Hockey Manawatu Inc [pdf, 235 KB]

   ...done in all the circumstances at the time the dismissal or action occurred." [65] Section 103A(3) then provides: (3) In applying the test in subsection (2), the Authority or the court must consider‒ (a) whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and (b) whether the employer raised the concerns that the employer had...

8. Brunton v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 187 [pdf, 382 KB]

   ...treatment; and [ii] the clinical knowledge at the time of the treatment. [8] Treatment injury does not extend to personal injury that is: (a) wholly or substantially caused by a person’s underlying health condition; (b) solely attributable to a resource allocation decision; (c) a result of a person unreasonably withholding or delaying their consent to undergo treatment. [9] Treatment that did not give a desired result does not, of itself, constitute treatment injury. [10] �€...

9. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 [pdf, 234 KB]

   ...remediated the house. Mr Wilkinson gave evidence that they intended to make the house their long-term family home. However, their circumstances changed when Mrs Wilkinson‟s mother moved in with them in 2006. A decision was then made to pool resources with her and to build a house that provided separate accommodation for the Wilkinsons and Mrs Wilkinson‟s mother. They remain living with Mrs Wilkinson‟s mother in the house they built after selling Fancourt Street to the Za...

10. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

    ...time. [13] At least initially, Ms RAI was reluctant to simply accept that Ms JOP was also a guardian of J. Ms DYN sought to discourage Ms RAI, advising that she would be unlikely to succeed in rebuffing Ms JOP, and suggesting that she focus her resources on applying to the Court for orders allowing Ms RAI to relocate with J, which would mean she accepted Ms JOP was J’s guardian. The alternative, Ms DYN explained, was to abandon the idea of relocating and remain in [City 2]....