Search Results

1. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317. [37] The principles are uncontroversial. They were conveniently summarised by Judge Inglis in Tertiary Education Union v Vice-Chancellor, University of Auckland in this way: 7 [6] The starting point is an assessment of the natural and ordinary meaning of the words themselves. Even if the words are plain and unambiguous, a cross-check will nevertheless be undertaken agains...

2. Dr Sharon Betty De Luca - Evidence in Chief [pdf, 574 KB]

   ...provide independent expert evidence on mattern pertaining to marine ecology arising in these proceedings. 3, I heild the qualifications of Bc;1chelor of Scienc-e (Zoology) and Doctor of Philosophy (Environrnentc1I and Mc:1rine Science) from the University of Auckland. 3.1 I have worked for BML for the past twe1ve years. · i have previously workec! for City University of Hong Kong (as a Pol\it~Doctoral Fellow) on a variety of research projects focusing oh coastal ecology, ec;otoxico...

3. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...ERNZ 471 (EmpC); Oldco PTI (New Zealand) Ltd v Houston [2006] ERNZ 221 (EmpC); Morgan v Whanganui College Board of Trustees [2013] NZEmpC 55, [2013] ERNZ 460; H v A Ltd, above n 11, at [11]–[14]; and Bowen, above n 8. 18 Bird v Vice-Chancellor, University of Waikato [2023] NZEmpC 16, [2023] ERNZ 32 at [20]. [29] Complementing the submission that the Authority must adhere to the principles of natural justice, Mr O’Brien relied on s 27(1) of the New Zealand Bill of Rights A...

4. [2020] NZEmpC 166 New Zealand Resident Doctors Assoc v Auckland District Health Board [pdf, 336 KB]

   NEW ZEALAND RESIDENT DOCTORS ASSOCIATION v AUCKLAND DISTRICT HEALTH BOARD [2020] NZEmpC 166 [14 October 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 166 EMPC 155/2019 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN NEW ZEALAND RESIDENT DOCTORS ASSOCIATION Plaintiff AND AUCKLAND DISTRICT HEALTH BOARD First Defend...

5. [2008] NZEmpC AC 37/08 Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuations Services Ltd) v Kapadia & Ors [pdf, 44 KB]

   ...In the circumstances, the fees and disbursements incurred were reasonable. [36] There is no dispute about the applicable principles that can be extracted from a trio of judgments of the Court of Appeal, Binnie v Pacific Health Ltd1, Victoria University of Wellington v Alton-Lee2, and Health Waikato Ltd v Elmsly3 [2004] 1 ERNZ 172. [37] First, the Court must determine what costs were reasonably incurred by a party entitled to them. Next, the Court must determine a reasonable cont...

6. [2008] NZEmpC AC 52/08 Lee v Minor Developments Ltd t/a Before Six Childcare Centre [pdf, 49 KB]

   LEE V MINOR DEVELOPMENTS LTD T/A BEFORE SIX CHILDCARE CENTRE AK AC 52/08 23 December 2008 IN THE EMPLOYMENT COURT AUCKLAND AC 52/08 ARC 16/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SHARON LEE Plaintiff AND MINOR DEVELOPMENTS LIMITED T/A BEFORE SIX CHILDCARE CENTRE Defendant Hearing: 21-23 October 2008 (Heard at Auckland) Appearances: William Lee, Advocate for Plaintiff Alison Maelzer and Jodi Clark,...

7. [2009] NZEmpC WC 7/09 NZ Meat Workers Union v Silver Fern Farms [pdf, 48 KB]

   ...that case the purpose of the extra leave was consistent with the statutory purpose of annual holidays. In the present case the purpose of clause 10.4 is different from the statutory purpose. It is to recognise continuous service and it is not universal to all employees. [43] Clause 10.2 specifies the employees’ entitlement to annual holidays to be first 3 and then 4 weeks’ annual holidays. This provides the baseline for the additional holiday referred to in clause 10.4....

8. [2019] NZEmpC 87 Tourism Holdings Ltd v A Labour Inspector of MBIE [pdf, 393 KB]

   TOURISM HOLDINGS LIMITED v A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2019] NZEmpC 87 [26 July 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 87 EMPC 264/2018 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN TOURISM HOLDINGS LIMITED Plaintiff AND A LABOUR INSPECTOR OF THE MINISTRY OF BUSIN...

9. Preventing the prison pipeline Professor Ian Lambie report [pdf, 223 KB]

   ...Lambie, IJBPE, vol 9, issue 3, 2022 THE PRISON PIPELINE The prison pipeline: Why early intervention is the best solution Ian Lambie, Professor in Clinical Psychology at the University of Auckland, New Zealand Chief Science Adviser for the Justice Sector, New Zealand ‘This report puts forward the view that potentially the most effective way to reduce serious crime rates in the longer term – and hence to reduce the use of impris

10. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

    ...Relations Act, sch 2 cl 12A. 16 George W Pring “SLAPPS: Strategic Lawsuits Against Public Participation” (1989) 7 Pace Envtl L Rev 3. 17 Lucille Reece “The Rise of the SLAPP: A Gap in New Zealand Law?” (LLB (Hons) Dissertation, Victoria University of Wellington, 2021). 18 As opposed to being included in the counterclaim against the employee. 19 There is no evidence that it was asked to do so. have been within its jurisdiction and within the class of determinati...