Search Results

1. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...attendances at various meetings were not provided. On 31 January, at a meeting involving the plaintiff, Sharon Adlam, the site manager of Dynea’s Nelson premises, and Cleve Reed, the New Plymouth site manager who was also responsible for human resources and health and safety issues throughout Dynea’s New Zealand operations, the plaintiff was told he was demoted with a reduction in salary and was given a final written warning. [9] Following the 31 January meeting Mr Climo left...

2. [2007] NZEmpC AC 50A/07 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 86 KB]

   ...apparently resistant implacably to the union’s claims. First, the district health board employers reached an accommodation with the union. Next, the three other contracting companies appeared amenable to persuasion to do so. Union attention and resources became focused on Spotless. The numerous strike and lockout notices described in the earlier judgment then eventuated. Alternative ground of lockout unlawfulness [18] During the course of the hearing another potential groun...

3. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...effect is that, while engaged on sleepovers, Mr Dickson can only engage in a very limited range of activities. He cannot carry on normal family life or socialise with friends. His privacy is limited. He does not have access to the comforts and resources of his home. He must be sober and quiet. We regard those constraints as substantial and significant. [66] The second factor is the nature and extent of responsibility on the employee. The greater and more extensive the respon...

4. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...after she took up the business development position. [25] The plaintiffs drew a distinction between the role of consultants and the Branch Manager and Business Development roles they held. The evidence of Kelly Services’ Director of Human Resources, Ms Wallace, was that the expectation placed on consultants to develop relationships with clients from the company’s client base extends to more senior roles. Her evidence was that Ms Pottinger and Ms Carew had access to a consid...

5. EMPC Swearing in Judge Perkins [pdf, 217 KB]

   ...It acknowledged your professional respect for, and admiration of, your adversary, and complimented you highly on your own forensic skills. In 1992 you represented the steering committee of Nuclear Free and Independent and Pacific Concerns Resource Centre, an unincorporated body of which one of the committee was Hilda Harawira. The perennial Mrs Titewhai Harawira was also involved in the case. The claim, although brought by the Northern Clerical Workers Union, concerne...

6. [2008] NZEmpC CC 4A/08 Sefo v Sealord Shellfish Ltd [pdf, 86 KB]

   ...future similar situations will be dealt with differently. I accept this to be a responsible and genuine reaction by the company to the findings made against it. The evidence establishes that the Sealord group has expert human relations and legal resources within the company that would be applied to any future allegations of the sort that led to Ms Sefo’s dismissal. [70] It is unlikely that Mr Barr, as factory manager, would alone have to deal with similar disciplinary issues, wh...

7. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   ...reason to be alcohol free. Dr Powell concluded subsequently: “Myself, I am unsure whether he is chemically dependent and I believe that only time will tell”. [80] The defendant met with Mr Ward and Martha Gibbons, the plaintiff’s human resources consultant, on 24 October 2006. At this and subsequent meetings with company management, the defendant had a union representative to assist him. The defendant said he was not happy with some of Mr Green’s conclusions. He con...

8. [2006] NZEmpC WC 15/06 OCS Ltd v Food Workers Union Inc [pdf, 108 KB]

   ...required the assistance of an interpreter to give their evidence. All have English as a second language, all are women. [12] On 25 May 2005, at the commencement of collective bargaining negotiations with the union, OCS’s general manager human resources, Mr Clive Menkin, advised John Ryall, then regional secretary of the union, that OCS was looking to implement the Panztel finger scanning system at Wellington Hospital. Although he was not called as a witness, Mr Ryall allegedl...

9. [2007] NZEmpC AC 26/07 Eastern Equities Corp Ltd t/a Farmers Transport Ltd v Bright [pdf, 107 KB]

   ...discussion along these lines appears to have some corroboration in Mr Kelsey’s notes of the meeting on 15 September. Mr Kelsey then responded with the letter of the same date to which I have already referred. Submissions [35] The company’s Human Resource Policy & Procedures Manual contains quite elaborate directions to the manager who undertakes performance appraisals. It also sets out a process with vertical flow charts as to how poor performance leading to final dismis...

10. [2015] NZEmpC 150 Burrowes v Commissioner of Police [pdf, 224 KB]

    ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...