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[2016] NZSSAA 028 Reference No. SSA 168/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Auckland against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Ms M Wallace - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member HEARING at AUCKLAND on 8 March 2016 APPEARANCES The appellant in person P Siueva for the Chief Executive of the Ministry of Social...
...placed on notice boards or given to staff. [18] That ground of opposition impresses me as more soundly based. If, as Spotless says it will in evidence, the company establishes that subsequent notices affecting the lockout were not displayed universally, I do not think it can be said with sufficient certainty that the legal effect of the whole lockout was nullified thereby. The case may turn on what employees in different locations understood the nature of the proposed lockout to...
...“unfortunate appearance of ‘overcharging’” and at [205] comment is made on the inappropriate deployment of Right 4(3). [14.2] Second, the Tribunal was much assisted by Dr Phillipa Malpas, senior lecturer in clinical medical ethics at the University of Auckland. Dr Malpas was called by Mrs Nelson, not the Director. [15] We address first the evidence of Dr Malpas. Her appearance as a witness for Mrs Nelson must be seen against the background that the report by the Deputy Health...
...his licence to be displayed, he must supervise the staff. He failed to do so in this case. Mr Lu says he will make sure it never happens again. [24] Mr Lu advises that he has already taken a short course in New Zealand immigration law at a university in Australia. He now understands that the professional codes of New Zealand and Australia are different. This is why he actively cooperated with the relevant parties to resolve the complaint and ensure the staff were aware of the...
WILLIAM TAN v FENGQIN YANG AND JINFU ZHANG NZEmpC AUCKLAND [2014] NZEmpC 65 [9 May 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 65 ARC 45/13 IN THE MATTER OF a challenge to the determination of the Employment Relations Authority BETWEEN WILLIAM TAN Plaintiff AND FENGQIN YANG AND JINFU ZHANG Defendants Hearing: 7 and 8 April 2014 (Heard at Auckland) Appearances: T Delamere and C Fredric, advocates for plain...
EFFECTIVE REPRESENTATION IN THE EMPLOYMENT COURT A PERSPECTIVE FROM THE BENCH By Judge Christina Inglis1 1 Judge of the Employment Court, Auckland. 2 Introduction Cases in the Employment Court take many forms. They range from complex arguments about refined legal points to factual disputes. Effective representatives in the Employment Court tend to share a number of common attributes, in...
...Sanchez Varela Complainant AND Artika Archina Devi Adviser DECISION REPRESENTATION: Registrar: In person. Complainant: In person. Adviser: S Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 19 March 2014 2 DECISION Preliminary [1] This complainant says he went to the adviser’s practice and dealt only with unlicensed persons. He says he never met the adviser. It is a crimina...
...case law interpreting the term “vexatious”. It is well-established that a vexatious proceeding is one which contains an element of impropriety. See 5 Commissioner of Inland Revenue v Chesterfields Preschools Ltd at [89] and Burchell v Auckland District Court [2012] NZHC 3413, [2013] NZAR 219 at [16]. To this may be added: [15.1] A proceeding may be vexatious, notwithstanding that it may contain the germ of a legitimate grievance or may disclose a cause of action or a ground...
...STATEMENT OF EVIDENCE OF DAVID FREDERICK SERJEANT (PLANNING) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 30 July 2014 Counsel Acting: K R M Littlejohn Quay Chambers 09 374 1669 littlejohn@quaychambers.co.nz PO Box 106215 AUCKLAND 1143 1 INTRODUCTION 1. My name is David Frederick Serjeant. 2. I hold the qualifications of Bachelor of Town Planning from Auckland University (1979) and Master in Business Studies (Economics) from Massey Universit...
...practice at the Northland Prison in respect of basic grade corrections officers, as Ms Wikaira was. Her evidence that she was not made familiar with the 2011 Code of Conduct was uncontradicted. There were, apparently, no records confirming the universal dissemination of the latest Code including, as is usual, personal confirmation of receipt. The best case for the defendant is that Ms Wikaira should have been made aware of the promulgation of the new Code. In large workplaces, t...