Search Results

1. [2012] NZEmpC 61 Pacific Flight Catering Ltd v Service and Food Workers Union [pdf, 135 KB]

   ...WORKERS' UNION NGA RINGA TOTA INC First Defendant AND VA'A NGAKAU Second Defendant AND SONNY TUITI Third Defendant AND KEVIN MEHANA Fourth Defendant AND SALA PARKER Fifth Defendant Hearing: By written submissions filed on 2, 9, 13 and 14 March 2012 Appearances: Anthony Drake and Rosemary Childs, counsel for plaintiffs Tim Oldfield, counsel for defendant Judgment: 18 April 2012 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The issues on t...

2. [2012] NZEmpC 173 Gilbert v The Attorney-General in respect of the CE of the Department of Corrections [pdf, 106 KB]

   ...for hearing in the Employment Court BETWEEN CHRISTOPHER JOHN GILBERT Plaintiff AND THE ATTORNEY-GENERAL IN RESPECT OF THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: By memoranda of submissions filed: 28 July, 28 August, 1 September, 27 October 2009 29 September, 20 October, 2 November, 24 November, 9 December 2010 9 February, 9 June 2011 Appearances: Plaintiff in person Joanna Holden and Roanna Chan, counsel for defendant...

3. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...the requirements of completing 12 months continuous employment to entitle them to annual leave under s 16(2) of the Holidays Act.” 2 [4] The evidence was presented by way of an agreed statement of facts. Although the statement of problem filed in the Authority and the agreed statement of facts described the employment status of both plaintiffs, the position regarding Ms Pamela Schofield was a little more complicated because in about February 2013, she had changed her status fr...

4. L v Conquer [2015] NZIACDT 49 (12 May 2015) [pdf, 173 KB]

   ...direction that the Registrar file an amended statement of complaint so Mr Conquer was on notice of potential findings. Both he and the complainant would then have another opportunity to respond. [15] The Registrar undertook further investigation and filed an amended Statement of Complaint dated 27 February 2014. The parties were required to respond if they took issue with the contents of the Statement of Complaint; if not, then no response was required. They did not respond. The Tribunal...

5. Gisborne District Council v Hautapu - Tatarahake No.1 (2015) 50 Tairawhiti MB 199 (50 TRW 199) [pdf, 213 KB]

   ...Alexander [6] In accordance with my direction, David Alexander was engaged by the Court on 8 August 2013 as an independent expert to provide a report on the historical, cultural and tikanga aspects of Tatarahake No 1 block. 2 [7] Mr Alexander filed his report with the Court on 22 April 2014 but the report specifically noted that it did not describe the cultural and tikanga aspects of the block in any detail, given that was not Mr Alexander’s expertise. Rather, the report exami...

6. Māori Trustee - Mohinui Topu (2011) 21 Taitokerau MB 4 (21 TTK 4) [pdf, 232 KB]

   ...separately); 4.4.3. Shall be made available to the beneficial owners not less than 14 days before the annual general meeting and shall be produced to the annual general meeting immediately following the end of the financial year; 4.4.4. Shall be filed with the Registry of the Court within 1 month of the annual general meeting together with the minutes of the annual general meeting. 4.5. To call general meetings 4.5.1 The trustees shall call an annual general meeting of...

7. National and Auckland Standards Committees v Orlov [2015] NZLCDT 3 [pdf, 163 KB]

   ...was appealed to the High Court and a decision of Katz J of 6 August 2013,1 upheld the Tribunal’s refusal of the stay proceedings. The High Court decision has been of particular assistance in considering this most recent application which was filed by Mr Orlov on 23 January 2015. [4] Although Mr Orlov faces 18 charges, eight further charges against him having been disposed of, with five charges established, the stay application relates to only 16 of these charges: the three rema...

8. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...that Mr Hook resigned of his own volition. [44] The plaintiff’s claim is dismissed. Costs are reserved at the request of both parties. If costs cannot otherwise be agreed they may be the subject of an exchange of memoranda, with the defendant filing and serving any memorandum and documentation in support of an application within 30 days of the date of this judgment with the plaintiff filing and serving within a further 15 days. Christina Inglis Judge Judgment...

9. Sandy v Khan LCRO 181 / 2009 (25 December 2009) [pdf, 106 KB]

   ...was claiming against Mr XX in contract and in tort and proposing mediation. He indicated that if the dispute was not settled he would advise Ms Sandy to obtain independent legal advice and it would be more than likely that proceedings would be filed. This was communicated by email to Mr Sandy on the same day. [19] It appears that at this time Ms and Mr Sandy obtained independent advice. On 15 October 2008 their new advisor sought to uplift their files. At the hearing Mr Khan stat...

10. Romford v Marlborough LCRO 123 / 2009 (15 December 2009) [pdf, 95 KB]

    ...to tie in with the bail application which was actually made which referred to Mr Romford threatening Mr Marlborough. [13] It is also possible that Constable P took from the conversation with Mr Marlborough that threats had been made. In his file note of 23 September which was provided to the Standards Committee and this office Mr Marlborough records that “he was very threatening towards me”. It would be a small step to misconstrue that to mean that Mr Romford had actually thr...