Search Results

1. [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...

2. [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...

3. 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...

4. [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...

5. [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...

6. [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...

7. [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...

8. [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...

9. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

   ...had sought the views of non-governmental organizations across New Zealand regarding how and when they wanted to be consulted. The response had highlighted the need to improve the dissemination of information throughout the reporting period. Online resources could be better used to keep civil society informed and receive feedback. 65. The tabling of reports to make decision makers more aware of human rights obligations had been discussed. The Institute of Judicial Studies was respons...

10. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

    ...decisions of this Tribunal. The usual point of difficulty is identifying what is controllable. Proper control often requires that a professional person maintain reasonable practices to ensure the proper supervision over employees and 10 resources within a practice. Regardless, there are occasions when professional persons are blameless victims of deception, or other circumstances, and that will not trigger professional disciplinary consequences. [57] In this case, Mr Wang s...