Search Results

1. [2012] NZEmpC 103 Progressive Meats Ltd v Pohio and others [pdf, 135 KB]

   ...layoff situation, a system of ranking employees according to skill levels will be operated to ensure that sufficient people are retained to operate each department at its most efficient level of productivity. When skills are equal then length of service will determine ranking. The principal issue at stake relates to the interpretation and method of assessment of “skill levels”. [4] The defendants referred personal grievances to the Employment Relations Authority (the Author...

2. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...diagnosed with Post Traumatic Stress Disorder (PTSD) can be dismissed for medical incapacity without the employer engaging in unlawful discrimination. [6] However, after a brief adjournment, counsel advised me that an agreement had been reached to address this affirmative pleading by withdrawing it. Consequently Lyttelton Port’s application was resolved apart from any issue about costs. 1 Arthurs v Lyttelton Port Company Lt...

3. [2025] NZEmpC 47 NYF Ltd v Zhang [pdf, 196 KB]

   ...It was also submitted that the Authority wrongly disregarded the settlement offers, that Mr Zhang was only partially successful, that Mr Zhang’s claim was overly complicated, and that Mr Nie is entitled to costs. [8] The defendant does not address the plaintiff’s submissions in relation to the contingency fee arrangement. He acknowledged that Mr Zhang did not accept a settlement offer of $6,000 but notes that the settlement offer was reduced to $1,000 after Mr Zhang counter-...

4. [2009] NZEmpC WC 2/09 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 33 KB]

   ...actions with respect to his ACC compensation. [17] The Court has previously held that where a personal grievance proceeding is motivated by a desire for vindication then a Calderbank offer from the other party may not be effective if it fails to address that element of vindication, for example by acknowledging wrong-doing and/or apologising.2 [18] The most significant of the defendant’s breaches of duty to Mr Mitchell when he became ill were failing to respond to his complain...

5. [2014] NZEmpC 78 Workforce Development Ltd v Hill [pdf, 76 KB]

   ...wished to take issue with the Authority’s determination in so far as the alleged unjustified disadvantage was concerned she was obliged to put that in issue. While reference is made to Sibly v Christchurch City Council 5 and Abernethy v Dynea New Zealand Ltd 6 these cases were concerned with the extent to which the Court could consider matters not squarely before the Authority. The question in the present case is whether the claim of disadvantage has been adequately pleaded,...

6. YCAP - action planning presentation [pdf, 1.2 MB]

   ...group together: •This may, or may not, start with a Youth Offending Team (YOT). Another existing group in our community could also be used to do action planning, such as a BPS forum. Or a local community group might lead the planning and form a new group, of which YOT members are a part. Ideally our group will: •Be inclusive of a wide range of interests (government agencies, local government, Department of Internal Affairs, iwi/ hapū, Non-Government Organisations, local school...

7. [2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd [pdf, 398 KB]

   ATAPATTU ARACHCHIGE v RASIER NEW ZEALAND LIMITED [2020] NZEmpC 230 [17 December 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 230 EMPC 211/2019 IN THE MATTER OF an application for an employment status declaration BETWEEN ATAPATTU ARACHCHIGE Plaintiff AND RASIER NEW ZEALAND LIMITED First Defendant AND UBER B.V. Second Defendant Hearing:

8. Landpro - EiC - C R Perkins - Planning (5 Feb 2021) [pdf, 552 KB]

   ...a firm of consulting planners and surveyors. I hold the qualification of BAppSc (Hons) in Environmental Management from Otago University. I have been a planning and environmental consultant for 14 years, 11 of those with Stantec (formerly MWH New Zealand) and since mid-2018 with Landpro Ltd, providing consultancy services for a wide range of clients throughout New Zealand. 9 I hold associate membership with the New Zealand Planning Institute. 10 In this time, I have undertaken...

9. [2009] NZEmpC AC 7/09 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 22 KB]

   ...payment of money into Court, which application is opposed by the defendant, who seeks an order dismissing the plaintiff’s challenge. [2] Mr Robert Clifford Hoani Cribb, the director and shareholder of the plaintiff company, has filed an address for service and now wishes to act for the plaintiff. [3] In my oral judgment of 13 October 2008, I recorded that the defendant, Mr Smith, had applied for orders in relation to the alleged failure of the plaintiff company to co...

10. M Ltd v KE [2023] NZDT 435 (4 September 2023) [pdf, 208 KB]

    ...– namely that an inspection of the property would occur and then M Ltd would provide a written quote detailing the work and the price. 11. M Ltd provided this quote which was very clear about the areas to be cleaned and the type of cleaning service being offered (waterblasting including use of a chemical spray to address moss, mould and lichen). It also provided a clear statement of the price for the work to be done. 12. Although it is apparent KE did not actually read the quote,...