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...entitlement to a breakfast allowance in such circumstances. 17 At [68], [69]. [54] If any issue of costs arises, it can be the subject of an exchange of memoranda, with the defendant filing any memorandum within 30 days of the date of this judgment and the plaintiff filing within a further 30 days. Christina Inglis Judge Judgment signed at 1pm on 8 June 2012...
...preliminary view is that costs should lie where they fall but, in view of the assurance given at the close of the hearing, we leave it open to any party to file a memorandum in support of an order being made. Any such memorandum must be filed and served within 21 days after the date of this judgment. Other parties will then have a further 14 days in which to respond. GL Colgan Chief Judge for the full Court Judgment signed at 3 pm on Wednesday 17 September...
...c) The employees in redundant positions are those employed on Paper Machine 2 (PM2). d) The processes set out in cl 3.12(a) and (i) of the Policy therefore apply to employees employed in the Paper Mill. [2] On 21 November 2012 the Union filed a de novo challenge to the Authority’s determination and, at the same time, applied for an interim injunction. The issue involved the interpretation of a collective agreement and an agreed redundancy policy and its effect on the deci...
...agreement (which affected the pay of provisionally registered secondary school teachers). The Secretary for Education does not accept the NZPPTA’s interpretation of the provisions in question. The plaintiffs’ claims were commenced by the filing of a statement of problem in the Employment Relations Authority (the Authority) but in a determination 1 dated 23 October 2012, the Authority ordered that the matter be removed to the Court to hear and determine without any investigati...
...some extent at least, of privilege and confidentiality of documents and evidence, are determined by reference to the pleadings, that is the statements of claim and defence setting out the issues that the Court must determine. The latest pleading filed for the plaintiff is her first amended statement of claim filed on 11 April 2014. The plaintiff’s causes of action are as follows. [14] First, she sues in breach of contract for remuneration arrears whilst employed by LSG after h...
...termination of employment with compensation calculated in accordance with cl 6.4 of the cea as if it was a redundancy. [31] The entire matter of costs including costs in this Court and the Authority are reserved. The plaintiff shall have 14 days to file a memorandum as to the costs sought and the defendant shall then have a further 14 days to file a memorandum in answer. M E Perkins Judge Judgment signed at 10am on 23 May 2013...
...5540 sheree@whitehouse.co.nz Department of Conservation, PO Box 5086, Wellington jhardy@doc.govt.nz mailto:Tom@bennion.co.nz mailto:sheree@whitehouse.co.nz mailto:jhardy@doc.govt.nz 294 Aotea MB 237 Introduction [1] Philip Taueki filed an application on 9 January 2009 for injunction and other orders against the Horowhenua District Council (“HDC”) over claims that, by act or omission, the council was causing or permitting contamination of Lake Horowhenua (“the Lake...
...have established tendency to bring the profession into disrepute, on the balance of probabilities. Result The majority of this Tribunal has found the charge proved, in respect of its second limb. Penalty [49] The Standards Committee is to file its submissions on penalty within 10 working days of the date of receipt of this decision. The practitioner may have a further 10 working days thereafter to file his submissions as to penalty. Counsel may confer and advise the Tribu...
...liquidation was avoidable. 4 6. That the public perception would be that, despite incurring such a significant debt, she would, without pause, continue to practise in essentially the same manner The case for the appellant [11] The appellant filed a voluminous amount of material in support of her appeal which was largely repetitive. The Tribunal is thankful to her counsel for his work in reducing that material to manageable proportions. [12] The appellant has presented he...
...7 [39] To Mr J Gaukrodger the licensee responded that the vendor did not mention the mine proposal to him at material times and never has and he and his office simply did not know of the proposal at material times. [40] An affidavit was filed by Mr I J Croft, a licensed salesperson colleague of Mr Willson, confirming that he also had no prior knowledge of the mine proposal until he read media articles about it in early October 2012. [41] An affidavit has also been filed with u...