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1. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...unjustifiably dismissed, lost earnings equal to three months’ pay and compensation under s 123(1)(c)(i) of the Act of $20,000. Costs in both the Court and Authority were claimed. [9] Although the proceeding was served on the Club it did not file a statement of defence or attempt to enter an appearance at the hearing. [10] While Mr Butler challenged the whole of the substantive determination, he did not seek to disturb most of its findings concentrating, instead, on seeking to...

2. 2021-06-04 – Hearing Notice – PC7 – Commencing Monday 28 June 2021 [pdf, 273 KB]

   ...of proceedings then the Court may order the party or parties to pay any costs and expenses incurred by the Crown or another party. This may happen where the hearing time allocated by the Court is not used. 3 EVIDENCE Evidence should be filed in accordance with the court’s directions, which are available here: • https://environmentcourt.govt.nz/assets/Documents/Publications/2020-12-02-Minute-Final- Timetable-and-Expert-Conferencing-Directions.pdf • https://environmentco...

3. [2020] NZIACDT 12 - TSO v Essina (27 February 2020) - Sanctions [pdf, 154 KB]

   ...complainant from an Auckland welding company. She then sent him Approved Immigration’s service agreement for immigration services, which was signed by both Ms Essina and the complainant on about 1 November 2016. [10] On 23 November 2016, Ms Essina filed a work visa application on behalf of the complainant with Immigration New Zealand. It was based on the offer from the welding company. She advised the agency in her covering letter that he had not received an evaluation of h...

4. [2020] NZEmpC 49 Maritime Union of New Zealand Inc v ISO Ltd [pdf, 381 KB]

   ...conscience jurisdiction to deny Mr Lye the ability to participate in this proceeding. [40] I am conscious that the orders to be made may be seen as allowing this litigation to change in such a way that it is not the same challenge as originally filed. Such an observation would be misplaced. The fundamental issue remains whether a compliance order should be made where the relevant employment agreements do not comply. Outcome [41] The following orders are made: (a) M...

5. [2020] NZEmpC 66 A Labour Inspector v Fernando [pdf, 235 KB]

   ...have sufficient assets to pay the amount in full. See also the discussion in Brill v Labour Inspector [2017] NZCA 169. [45] Costs are reserved. If costs are to be pursued by either party memoranda proposing a timetable will need to be filed. K G Smith Judge Judgment signed at 9.55 am on 22 May 2020

6. [2020] NZEmpC 69 A Labour Inspector v Jeet Holdings Ltd [pdf, 258 KB]

   ...the Wages Protection Act 1983 in respect of a payment of a premium. The Labour Inspector seeks recovery of arrears in respect of eight employees, a declaration of breach, ordinary and pecuniary penalties and banning orders. These claims were filed some months before the application for freezing orders was brought, and at a stage where they had been timetabled for hearing, a previous fixture having already been adjourned. [22] Turning to the defendants’ application, I do not a...

7. L & G Douglas v CAC416 & T & N Hoefhamer [2019] NZREADT 31 (1 August 2019) [pdf, 340 KB]

   ...time should be extended so that the Authority could formulate submissions in reply to the appeal. [53] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules 2016. Mr J Doogue Deputy Chairperson...

8. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...____________________________________________________________________ Introduction [1] On 18 December 2018, Complaints Assessment Committee 403 charged Ms Mansell with misconduct under s 73(a) of the Real Estate Agents Act 2008 (disgraceful conduct). The parties filed an agreed summary of facts on 11 April 2019. By a memorandum dated 15 July 2019, Ms Mansell advised the Tribunal that she would enter a plea of guilty to the charge. [2] The Tribunal is required to be satisfi...

9. Hikaka v The Real Estate Agents Authority (CAC 416) & M Lovell, S Lovell, O'Shea and Lovell Real Estate Limited [2018] NZREADT 72 [pdf, 197 KB]

   ...salesperson, and Mr Lovell took over after Ms O’Shea left the Agency. The property description on the second listing agreement referred to “cladding – stucco cavity wall system. 35 mm cavity drained and ventilated see extensive notes on file”. [9] The eventual purchasers of the property (Mr and Mrs Fellows), entered into an agreement to buy the property on 3 July 2009, conditional on (among other things) finance and a satisfactory structural integrity report. They obtaine...

10. [2018] NZSSAA 14 (14 March 2018) [pdf, 130 KB]

    ...sexual relationship with his alleged partner. He said that the sexual relationship was wrong. However our concern is not with the morality of his actions but with the weight we can reasonably give to his evidence. The fact that the appellant filed written statements which he admitted in evidence were not correct and that he changed his position about the nature of his relationship in his dealings with the Ministry leads us to find his evidence unreliable. Accordingly we give mo...