Search Results

1. [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...

2. [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...

3. [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...

4. [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...

5. [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...

6. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...Mr Ives stated in his email in reply that the matter could not be taken further "without having evidence". [53] There is another relatively lengthy email, however, dated 7 November 2012 from Ms Berry to Mr David Jones, WFA's Human Resources Manager, in which she speaks about having to address the defendants "behavioural issues", stating at one point: "The bottom line issue is that there is inappropriate behaviour by Hayden and Nicola which has a serious...

7. Rogers v Hauraki – Te Aute A1B (2015) 117 Taitokerau MB 87 (117 TTK 87) [pdf, 222 KB]

   ...be no bridges constructed, and such a condition was not imposed by the Court. Further, the type of vehicular bridge Arthur was intending to construct, which did not have any piles in the streambed, was a permitted activity that did not require resource consent. Arthur has not interfered with the flow of the streambed, and any problems with the stream relate to far 117 Taitokerau MB 94 larger issues of major flood events. Arthur also denies removing and selling gravel from...

8. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...to itself as if it were a separate client entity. This approach provides no difficulty as far as out of pocket disbursements are concerned. I accept, also, that to the extent that the tenth defendant has had to deploy its professional in-house resources to defend its own position, it has been unable to take on and deal with other fee paying work and so has incurred a loss of income. Is such a loss in these particular circumstances a “cost” covered by cl 19 of Schedule 3 to the...

9. [2013] NZEmpC 150 McConnell v Board of Trustees of Mt Roskill Grammar School [pdf, 155 KB]

   ...investigation to conclude and the Authority to issue its (final) determination before having an opportunity to right the Authority’s perceived wrong. Such an approach will involve delay and the expenditure of sometimes precious and limited resources on concluding the Authority’s investigation. If the Authority has erred in the course of its investigation, why should the error not be put right by a discrete challenge so that the Authority can continue to determine the employme...

10. [2013] NZEmpC 200 Jonas v Menefy Trucking Ltd [pdf, 160 KB]

    ...resumed, “Mr Menefy continued to bait Mr Jonas in a way to invoke aggression.” In evidence, Mr Menefy denied that, at the time of the meeting, he wanted to get rid of Mr Jonas. He explained that he was being advised throughout by a human resources adviser and that “the risks of pre-determination” had been soundly explained to him. [20] Mr Richardson further told the Court (in evidence which I accept) that at the end of the meeting Mr Menefy made it clear that he did not...