Search Results

1. [2007] NZEmpC AC 23/07 Rowe v Groganic Fertilisers Ltd [pdf, 23 KB]

   ...if it made the agreement knowing that it was not able to pay the amount agreed within a reasonable time. [6] The Authority declined to order interest on the compensation but allowed Mr Rowe $250 costs and disbursements of $70 being the Authority filing fee. Significantly for today’s purposes, the Authority made a compliance order that Groganic was to “(a) pay to the applicant within 14 days of the date of this determination the full agreed amount of $14,000 compensation; and (b...

2. [2010] NZEmpC 105 Musa v Whanganui DHB & Anor [pdf, 18 KB]

   ...IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MEMO MUSA Plaintiff AND WHANGANUI DISTRICT HEALTH BOARD First Defendant AND CLIVE SOLOMON Second Defendant Hearing: By written submissions filed on 2 August 2010 and oral submissions made (at Whanganui) on 4 August 2010 Appearances: Gerard Dewar, Counsel for Plaintiff Peter Churchman, Counsel for First Defendant (appearing and being heard by leave) Michael Leggat, Counsel for...

3. [2011] NZEmpC 4 Pacific Loans Limited v Viau Halaapiapi Lesoa [pdf, 61 KB]

   ...purpose of preserving money and/or assets believed to be in the defendants’ possession and which it is alleged they have stolen from the plaintiff in the course of their employment. The application is made without notice. [2] The proceedings were filed in the Court shortly before 5pm on Friday 21 January 2011. Registry staff asked counsel whether the matter was of such urgency that it should be referred immediately to a Judge but Mr Patterson was content that it be dealt with to...

4. [2009] NZEmpC WC 22/09 Willis v Fonterra Cooperative Group Limited [pdf, 20 KB]

   ...Authority BETWEEN PHILLIP WILLIS Plaintiff AND FONTERRA COOPERATIVE GROUP LIMITED Defendant Hearing: On the papers following good faith report of the Employment Relations Authority dated 2 September 2009 and submissions of the parties filed on 11 and 17 September 2009 Judgment: 8 October 2009 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE GL COLGAN Introduction [1] This interlocutory judgment decides whether the plaintiff, Phillip Willis, should be entitled to proceed...

5. [2012] NZEmpC 119 LI v Huang [pdf, 57 KB]

   ...residency without the plaintiff’s knowledge, that he had forged documents for Immigration New Zealand in the plaintiff’s name and that he had been charged with forgery by the New Zealand Police. [5] In a submission on another aspect of the case filed subsequently, Mr Ogilvie explained that the plaintiff became aware of the allegedly fraudulent documentation only during the course of the Authority’s investigation and at that stage it was not possible to obtain expert evidenc...

6. [2008] NZEmpC CC 2/08 Otago Taxis Ltd v Strong [pdf, 18 KB]

   ...parties to refer the matter back to the Court if they could not agree on the quantification of this award. The parties have advised the Court that they have not been able to agree on the quantification of the average earnings and have filed memoranda of counsel addressing these issues. Unfortunately the figures they have supplied are very difficult to reconcile. [3] Ms Kilkelly, counsel for the defendant, complained in her memorandum that in spite of repeated requests...

7. [2012] NZEmpC 198 ABC01 Ltd (Formerly Primary Heart Care Ltd) v Dell [pdf, 64 KB]

   ...latter section. 1 [2012] NZEmpC 188. 2 [2012] NZERA Auckland 272. 3 [2012] NZERA Auckland 318. [7] In addition to serving a copy of this judgment on ABC01 Limited at its address for service filed with the Court, I direct that Mr Dell also serve a copy of this judgment on ABC01 Limited at its registered office, and that a further copy of this judgment be served on John William Hinchcliff personally. In the likely event of se...

8. Wade - Whakarewarewa No 3 Sec 1B Reserve and Whakarewarewa No 2B (2015) 130 Waiariki MB 136 (130 WAR 136) [pdf, 249 KB]

   ...1993. The application is unopposed. [2] Following receipt of the application, the case manager requested that the applicant provide further information regarding the blood relationship between her and Mr Tarawhiti. [3] Whakapapa information was filed on 3 August 2015. That information records that the applicant and Mr Tarawhiti are related through the applicant’s paternal line. The shares sought to be transferred are derived from the maternal line. [4] At the hearing held on...

9. CAC 20006 v Stevenson [2013] NZREADT 74 [pdf, 28 KB]

   ...[1] On 5th July 2013 Mr Stevenson was found guilty of two charges of misconduct s 73(a) and one charge of unsatisfactory conduct s 73(b). In that decision the Tribunal invited submissions from Mr Stevenson and the CAC on penalty. The CAC have filed submissions. The Tribunal have read these submissions. Mr Stevenson has not filed any submissions. [2] The principles of sentencing are: A penalty must fulfil the following functions. They are: 2 a) Protecting the p...

10. Prosser & Quintrell v CAC 20008 & Ward & Dear [2013] NZREADT 54 [pdf, 26 KB]

    ...further action with regard to the complaint or any issue involved in the complaint.” [15] The Committee’s decisions were provided with full and clear reasoning. The Hearing Before Us [16] Detailed briefs of evidence and submissions were filed with us by the parties. [17] Before us, the appellant, Ms S J Quintrell, covered the concerns of the appellant in detail and was carefully and thoroughly cross-examined by Mr Rea. At the completion of her evidence, we suggested that it s...