Search Results

1. [2008] NZEmpC AC 24/08 Panovski v Marine Trimmers and All Awnings 2004 Ltd [pdf, 78 KB]

   ...conscience in settling the grievance. [60] As to what constitutes the “actions” of the employee this includes the behaviour or conduct and whatever the employee has done or not done, see Nelson v British Broadcasting Corporation (No 2) [1980] ICR 110 at 120, cited in Paykel at p337. In examining the employee’s actions at this point anything the employee has done or not done must be considered and the causal link between such actions and the situation giving rise to the pers...

2. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   AIR NEW ZEALAND LTD V V AK AC 15/09 3 June 2009 IN THE EMPLOYMENT COURT AUCKLAND AC 15/09 ARC 35/08 AND IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN AIR NEW ZEALAND LTD Plaintiff AND V Defendant Hearing: 2 March 2009 (Heard at Auckland) Court: Chief Judge G L Colgan Judge B S Travis Judge C M Shaw Judge A A Couch Appearances: CH Toogood QC and Kevin Thompson, Counsel for Plaintiff Anne-M

3. [2007] NZEmpC AC 26/07 Eastern Equities Corp Ltd t/a Farmers Transport Ltd v Bright [pdf, 107 KB]

   ...actions so require, reduce the remedies that would otherwise have been awarded accordingly. [57] Some insight into the way the section may be applied is gained from the approach taken in Nelson v British Broadcasting Corporation (No 2) [1980] ICR 110 and adopted in Paykel Ltd v Ahlfeld [1993] 1 ERNZ 334 albeit involving different although similar statutory provisions. In Nelson Brandon LJ stated (p120): I agree with the conclusion there reached that, on a proper interpretation of...

4. Sanders v King - Part Parish of Whangape Lot 15B Block and Parish of Whangape Lot 15C (Urupa) (2014) 81 Waikato Maniapoto MB 109 (81 WMN 109) [pdf, 216 KB]

   ...Carter Kirkland Morrison Limited, Lawyers, P O Box 2137, Shortland Street, Auckland 1140, brent@carterkirklandmorrison.com K R M Littlejohn, Barrister, DX CP18203, Auckland 1010, littlejohn@quaychambers.co.nz 81 Waikato Maniapoto MB 110 Introduction [1] On 27 September 2013 I issued a decision concerning succession to the legal and beneficial interests of the late Rachel Ngeungeu Zister (“Rachel Zister”) in three blocks of Māori freehold land situated at Maraeta...

5. Whare v Trustees of Pukerewa A Trust - Pukerewa A (2015) 95 Waikato Maniapoto MB 105 (95 WMN 105) [pdf, 252 KB]

   ...Waikato Maniapoto MB 176 (34 WMN 176); 36 Waikato Maniapoto MB 92 (36 WMN 92) 10 39 Waikato Maniapoto MB 141 (39 WMN 141) 11 44 Waikato Maniapoto MB 27 (44 WMN 27) 12 58 Waikato Maniapoto MB 101 (58 WMN 101) 95 Waikato Maniapoto MB 110 [17] A judicial conference was held on 28 May 2013 where, with the consent of counsel for the applicants, I amended the application to include an application for the appointment of Tania Clark as trustee by way of replacement for Edwin Ma...

6. Auckland Standards Committee v Hylan [2014] NZLCDT 3 [pdf, 202 KB]

   ...Tribunal’s view. It is an implausible basis to adopt to suggest lack of responsibility on Mr Hylan to ensure the integrity of the Agreement. 33 Charge Bundle p16 at paragraph 3.2. 24 [110] In his affidavit of 4 October 2013, Mr Hylan said that he did not know with any certainty the Agreement was to be submitted to INZ. He accepted Mrs S “may have mentioned her husband’s desire to satisfy (INZ) that he was separated fr...

7. Canterbury Westland Standards Committee v Eichelbaum [2014] NZLCDT 68 [pdf, 189 KB]

   ...explore financing options for the funding of the litigation does not detract from what we see as his primary role, which was as counsel in the proceedings. Furthermore, 3 Paragraph [109]. 4 Paragraph [110]. 9 even as a person closely involved seeking funding for litigation and as a lawyer, it is difficult to escape the proposition that this conduct is connected with the provision of such services. [30] Similarly, conduct which...

8. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...[34] In that matter the conduct complained of was, as in the present matter, comprised of communications with new lawyers for a previous client and with the former client directly. 20 See note 6 at [110]. 21 See note 6 at [112]. 22 [2015] NZHC 1896. 12 [35] Mr Hong’s assertions in the correspondence at issue, directly arose out of the services provided by him to his former clients. Indeed the litigation about which he...

9. [2013] NZEmpC 190 Belsham v Ports of Auckland Ltd [pdf, 165 KB]

   ...how the employer arrived at that decision. It is, however, convenient to discuss the process and the outcome separately. In this case, I begin with the process adopted by CDHB. 5 [2012] NZEmpC 110. [39] Section 103A(3) sets out considerations which must be taken into account when considering process. Subsection (4) expressly authorises the Court to also take any other appropriate factors into account. Subsection (5) prec...

10. CAC 20003 v Jhagroo [2014] NZREADT 8 [pdf, 193 KB]

    ...the alternative particulars for charge 2 we find the defendant guilty of unsatisfactory conduct at a high level. [90] Simply put then, with some reluctance we dismiss charge 1 but, in terms of charge 2, we exercise our discretion (in terms of s 110(4) of the Act) to find the defendant guilty of unsatisfactory conduct at a concerningly high level. [91] Accordingly, we invite the Registrar to arrange a directions hearing by telephone between our Chairperson, and Mr Clancy and the...