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1. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...the work-related implications of the posts. She said she was unaware of any material changes in Ms H’s wellbeing that would explain why she may have instigated these. [16] After consulting with colleagues, including members of RST’s Human Resources (HR) team, she appointed Ms F, a senior manager who reported to her, to act as a decision-maker with regard to an employment investigation about the posts. [17] On 8 April 2021, Ms F sent Ms H an email inviting her, and a support...

2. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...to retain house officers without overworking them. A related issue was that a physical health nurse had previously the responsibility to perform this work up until August 2014; but by the time these events occurred, there was no longer such a resource. January 2015 [57] In an email sent on 6 January 2015 by Dr Roberts to Dr M and Dr N, he said he had met with Dr Loo who stated she had found working with Dr Emmerson very difficult, not least because of the workload arising from t...

3. [2007] NZEmpC 6A/07 Otago Taxis Ltd v Strong [pdf, 96 KB]

   ...and interlocutory issues which no doubt have resulted in legal expenses far in excess of the amount originally in dispute. In the course of those interlocutory applications Ms Ritchie deposed that the plaintiff was a small company with limited resources which could not “absorb” the cost of the defended hearing of the challenge. Judge Couch later directed the parties to further mediation, the defendant at this stage being represented by counsel. The mediation was unsuccessful....

4. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...Wilson said that in his initial discussions with Mr Harrison he raised the issue of the restraint of trade clause in his contract with Credit Consultants. He told Mr Harrison that his role had been made redundant and that after talking to human resources practitioners the fact that he had been made redundant probably meant that the restraint of trade did not have any effect. He took no legal advice on this and did not show the HR practitioners his restraint clause. [37] It is comm...

5. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...also the view of the Court. I referred to an earlier ruling of Judge Shaw, when adjourning matters for the second time in 2007, which stated that the delays were prejudicing the defendant due to the extraordinary amount of time and effort and resources that “had to be poured into it”. [23] On 20 May Mr Fletcher filed a memorandum stating that he had, that day, received and accepted instructions from the plaintiff in the three proceedings and gave a new address for service....

6. [2011] NZEmpC 127 Bishop v Bennett [pdf, 162 KB]

   ...This judgment is being delivered long after the hearing. That delay, and the resulting inconvenience to the parties, is regrettable. The principal reason for the delay is the Christchurch earthquakes, which have impacted heavily on the Court’s resources and on my availability to devote the time necessary to complete this judgment. Costs [66] Costs are reserved. Unless there is some factor of which I am unaware, Ms Bennet is entitled to a reasonable contribution to the costs s...

7. [2011] NZEmpC 3 Northland DHB and 20 Others v New Zealand Resident Doctors Association Inc [pdf, 188 KB]

   ...to ensure that it is the appropriate union, and not an interloper or busybody, which initiates bargaining. It is also to ensure that an employer or employers receiving such notices can be confident that they are properly given before committing resources to the bargaining process as is required by the statute on receipt of a notice initiating bargaining. [65] When Carisse de Beer, as an employee of CNS that was contracted to the defendant to do such things, signed the notices initia...

8. [2008] NZEmpC CC 8/08 Butcher V OCS Ltd [pdf, 80 KB]

   ...plaintiff who: -has habit of taking chances & trying a smoke in out of the way areas -does not guarantee he will not be caught again. [13] At the conclusion of the meeting Mr Miller and Clive Menkin, the defendant’s general manager of human resources, agreed that the decision to dismiss the plaintiff would be suspended to enable Mr Miller to present options apparently as an alternative to dismissal. On 4 November 2005 Mr Miller wrote to Mr Menkin expressing the view that...

9. [2006] NZEmpC CC 13/06 Angel & Anor v Fonterra Cooperative Group Ltd [pdf, 99 KB]

   ...trust and confidence is open to question. Neither man was stood down or suspended after the matter was raised. Throughout the investigation and disciplinary process they continued to work albeit under supervision and on the advice of the human resources department, although Fonterra knew from 18 November 2005 that the CCP had been compromised at least by Mr Angel. [96] I find that, while the potential consequences of the actions of the plaintiffs were an important part of Fon...

10. Tipene v Tipene - Motatau 2 Section 49A4F(2014) 85 Taitokerau MB 2 (85 TTK 2) [pdf, 173 KB]

    ...were being offered the opportunity to restore it and live in it because Gary’s father recognised their need at the time. What Tania and Gary would have reasonably expected nonetheless is security of tenure given their investment of time and resources to maintain and improve the house. It became their family home as envisaged by Gary’s father. They were still raising their children there when Gary died. [60] The implicit understanding appears to have been that in return for th...