Search Results

1. [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...

2. [2007] NZEmpC AC 57/07 CE of the Department of Corrections v Imo [pdf, 92 KB]

   ...acknowledged performance issues addressed rather than being summarily dismissed. [76] I conclude his dismissal was unjustified. Reinstatement [77] The reinstatement of Mr Imo was strongly resisted by the department. Helen Hurst, the human resources manager for the Probation and Offender Services Division of the department said that, given the findings made by the department, the reinstatement of Mr Imo would be completely impracticable and unacceptable to the departm...

3. [2011] NZEmpC 157 Heritage Expeditions Ltd v Fraser [pdf, 158 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 [92] As Mr Fraser appeared in person, he is not entitled to an award of...

4. [2010] NZEmpC 113 Service and Food Workers Union & Ors v OCS Ltd [pdf, 79 KB]

   ...tender process. OCS was announced as the successful tenderer on 28 April 2010. [4] Remarkably, in a commercial sense, the evidence for OCS discloses that it was only after becoming the successful tenderer that OCS first considered what staffing resources it would need to meet the contract specifications it had entered into. The evidence establishes that up to 80 per cent of a cleaning contract price is the cost of labour. It is therefore remarkable that it quoted for the Massey...

5. [2010] NZEmpC 154 Villegas v Visypak (NZ) Ltd [pdf, 68 KB]

   ...the floor which was in a wet and dangerous state. Mr Jackson complained that if he had not taken evasive action and braked when he did, he was certain that a serious accident would have occurred. [6] When Mr Lloyd and Ms Tania Cotton, Human Resource Manager, met with Mr Villegas and his support person on 11 August 2008, Mr Villegas initially denied that the incident had taken place and then was emphatic that he had not been told by anyone that the floor scrubbing was going to occ...

6. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

   ...the circumstances of the union and the employer. (4) For the purposes of subsection (3)(d), circumstances, in relation to a union and an employer, include— (a) the operational environment of the union and the employer; and (b) the resources available to the union and the employer. (5) This section does not limit the application of the duty of good faith in section 4 in relation to bargaining for a collective agreement. [23] Section 33 is also pertinent: 33 Duty of go...

7. [2012] NZEmpC 51 New Zealand Cards Ltd v Ramsay [pdf, 130 KB]

   ...Beresford’s submissions were made orally and were difficult to discern. Considerable time was required to review what he had said and identify the case for the Company. [74] The Christchurch earthquakes have impacted heavily on the Court‘s resources and my availability to devote the necessary time to completing this judgment. Conclusions In summary, my judgment is: (a) Mr Ramsay was unjustifiably dismissed. (b) NZ Cards Limited is to pay Mr Ramsay $2,880 as reimbursement...

8. [2008] NZEmpC AC 14/08 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [pdf, 80 KB]

   ...Relations Bill, its explanatory note included the following: In terms of problem resolution in employment relationships, a strong emphasis is placed on the prior resolution of problems by the parties themselves, who will have access to a wide range of resources, through information provision, structured or unstructured mediation and other services to voluntarily resolve matters at an early stage. Mediation is the preferred option at all stages, although it is recognised that some probl...

9. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

   ...conduct of patent attorneys are effectively the same as for barristers and solicitors as indeed Dr Round was one. Although not attributable to his employer, Dr Round had previously suffered illness for some time that had strained his financial resources so that his position, known to Mr Hardie, was exacerbated by the summary dismissal. Dr Round felt compelled to register for an unemployment benefit and dreaded being seen to do so. Work and Income New Zealand required a full expla...

10. [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...