Search Results

1. [2015] NZEmpC 85 Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory [pdf, 181 KB]

   ...Authority investigating them. 1 Agus Riyanto & 43 others v Dong Nam Co Ltd [2015] NZEmpC 67 (footnote omitted). [3] In this Court, the plaintiffs in respect of each vessel filed separate statements of claim. I am currently concerned with a claim brought by 44 crew members who it is alleged worked on Sur Este 707, that vessel being registered to fish in New Zealand fisheries waters pursuant to s 103(4) of the Fisheries...

2. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...STCA gives rise to unlawful discrimination. In the proceeding the claim was that part-time teachers in secondary schools are paid less than full-time teachers even though they perform essentially the same work. The plaintiffs’ third amended statement of claim alleged that the STCA was therefore discriminatory and breached the Equal Pay Act 1972 (EPA), the Government Service Equal Pay Act 1960 (GSEPA) and/or the Employment Relations Act 2000 (the Act). [8] The plaintiffs’...

3. [2010] NZEmpC 148 Auckland DHB & 20 Other DHB Named in the attached Schedule v NZ Resident Doctors Assoc [pdf, 56 KB]

   ...representing senior doctors employed in public hospitals. [11] In the course of negotiations on 29 April 2008, which were chaired by a statutory mediator, Mr Prior tabled a new offer on behalf of the DHBs which included the following statements: This offer represents the full extent of the financial parameters available for RMOs and more than the funding available to DHBs. This offer is consistent with the financial parameters of other health settlements including that o...

4. Saffioti & Anor v Ward & Ors [2013] NZWHT Auckland 17 [pdf, 287 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000065 [2013] NZWHT AUCKLAND 17 BETWEEN CARL SANTO SAFFIOTI AND EIJA MARITA SAFFIOTI Claimants AND GREGORY PAUL AND KIM MACHELLE WARD First Respondents AND NORMAN OLIVER PORTMAN Second Respondent AND JOHN STEPHEN HANCOCK Third Respondent AND JIM STEPHENSON: ARCHITECT LIMITED Fourth Respondent AND MARTYN CLEARY (Not Served) Fifth Respondent AND TONY HERON Sixth Respondent AND AUC

5. [2018] NZEnvC 178 The Friends of Sherwood Trust & Ngati Paoa Trust Board v The Chief Executive of the Auckland Council [pdf, 2.6 MB]

   ...time. Mr Ward noted in his affidavit that 300 water samples were collected during the 2015 operation, the largest and most comprehensive monitoring programme ever undertaken for a 1080 operation in New Zealand. He corroborated Dr Sinclair's statement that no 1080 was detected in any of these 300 samples. How are private water supplies to be managed? [52] The boundaries of the 1080 application have been designed taking into account the location of private properties around the p...

6. [2009] NZEmpC AC 27A/09 NZ Amalgamated Engineering Printing & Manufacturing & Ors v Zeal 320 Ltd & Anor [pdf, 40 KB]

   ...litigation in an exemplary manner and this should be taken into account in fixing costs. He submitted that at all times Zeal had cooperated with the plaintiff and the Court in agreeing to a tight timetable, providing a comprehensive and clear statement of defence and evidence 1 [2001] ERNZ 305 (CA) 2 [2002] 1 ERNZ 438 (CA) 3 [2004] 1 ERNZ 172 (CA) 4 [1993] 2 ERNZ 943 and detailed submissions and had made an appropriate se...

7. [2014] NZEmpC 183 Scarborough v Micron Security Products Ltd interlocutory [pdf, 92 KB]

   ...requirements of fair process, Ms Scarborough would have been dismissed justifiably by reason of her redundancy. [8] In these circumstances, the Authority held that Ms Scarborough was not entitled to any lost remuneration and rejected her claim for reinstatement because it concluded that Micron had no work for her to do. The Authority awarded Ms Scarborough the modest sum of $750 under s 123(1)(c)(i) of the Act to compensate her for the distress that she suffered. Ms Scarborough wa...

8. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...put it: “Abuse of Process – Attempts to re-litigate matters already determined 6. Hunter v Chief Constable of the West Midlands Police [1982] AC 529 at 541, 3 All ER 727 (HL) at 733, per Lord Diplock, is generally regarding as the leading statement: “The abuse of process which the instant case exemplifies is the initiation of proceedings in a Court of justice for the purpose of mounting a collateral attack on a final decision against the intending plaintiff which has been made...

9. LP v VS & Ors LCRO 170 / 2011 (17 May 2012) [pdf, 86 KB]

   ...not certain a trust receipt issued. 4 2) The ‘view that the complaints made are vexatious’ is unfounded. It should be withdrawn.” [11] The outcome sought by the Applicant is two-fold: the “withdrawal of the ‘vexatious statement’”, and “a proper and competent enquiry into the complaints made by [him]”. It is noted that the “vexatious statement” is in fact the Committee’s finding (“that the complaints made are vexatious”) which is based on it...

10. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

    ...was obliged to supervise and take personal responsibility for the instructions and provide all necessary immigration advice, including, and especially, during the engagement process. [16] For completeness I refer to the adviser’s allegation the Statement of Complaint improperly refers to a without prejudice settlement offer. Such an offer is confidential in subsequent legal proceedings, in some circumstances. [17] However, I am not satisfied the Statement of Complaint does refer to a...