Search Results

1. [2006] NZEmpC WC 15A/06 OCS Ltd v Service and Food Workers Union Inc [pdf, 27 KB]

   ...junior counsel for 1 day. The following calculation is based on a category 2 proceeding which would take a normal amount of time: Commencement of defence 2 days Appearance at case management conference (urgency) .3 days Preparation of affidavits 2 days Preparation of documents (reduced by half because McBride Davenport James prepared the common bundle) 1 day Preparation for hearing 6 days Appearance at hearing 3 days (senior) 1 day (junior) Total days 14.3 (se...

2. Talanoa v Tangilanu [2015] NZIACDT 40 (15 April 2015) [pdf, 84 KB]

   ...Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [55]. The material before the Tribunal [10] The Registrar provided a chronology, and supporting documentation. The parties have not disputed this record or added to it. The complainant also provided an affidavit in support of her complaint. [11] I am satisfied this material supports the grounds of complaint alleged. The facts [12] The facts are uncomplicated, and essentially rely on the documentation the Registrar presented to the Tribu...

3. [2013] NZEmpC 103 Language Centres v Page [pdf, 64 KB]

   ...likely that the plaintiff’s costs would have been well in excess of $40,000. [12] The Court has first to consider whether the actual costs incurred by the defendant were reasonable for what became a four day hearing with voluminous additional affidavits, bundles of documents and written submissions. Whilst there may have been a degree of duplication because of the work undertaken for the Authority’s investigation, it is difficult to assert that in a case of such complexity t...

4. [2016] NZEmpC 30 S v I Limited (Formerly L Limited) oral interlocutory [pdf, 86 KB]

   ...of documents which the defendant has identified relating to those communications but in respect of which legal professional privilege is asserted. For the sake of convenience, those documents may be identified by reference to Annexure C to the affidavit of Emily Louise McWatt (filed in this matter on 18 March 2016) which sets out a convenient summary of the documents to which privilege is asserted by the defendant. Those documents are listed on the pages numbered 4 and 5 of Annexu...

5. [2015] NZEmpC 49 Vulcan Steel Ltd v Walker [pdf, 86 KB]

   ...actual costs incurred. [12] I turn to consider other issues raised for Vulcan. First, on the question of whether Mr Walker in fact has a personal liability for the costs incurred on his behalf, that issue has now been resolved by him filing an affidavit which states that the invoice previously placed before the Court is a liability which he must meet, notwithstanding his membership of a union. [13] Next, I have considered the schedule which summarises the attendances. As alrea...

6. Severne - Lake Rotoaira Trust (2013) 298 Aotea MB 267 (298 AOT 267) [pdf, 125 KB]

   ...whether there is sufficient evidence before the Court to appoint a replacement trustee and whether it is appropriate to extend the current interim trustees’ term. The case for the trustees [6] The trust chairperson, Dr Charlotte Severne, in an affidavit sworn on 20 February 2013, confirms that the Court’s directions have now been complied with and that a general meeting of owners was held as directed. More relevant to the application, she confirms that there are still import...

7. National Standards Committee v Blair [2015] NZLCDT 9 [pdf, 48 KB]

   ...otherwise good character and advocacy work that he has carried out in the community. c. That there is no evidence that this offending has been other than isolated. 5 Paragraph [17] of his affidavit of 6 March 2015. 6 Daniels v Complaints Committee No 2 of the Wellington District Law Society NZLR 2011 850 (HC) at [22]. 6 Decision [16] The Tribunal has concluded that the respondent should be suspended from practi...

8. [2015] NZEmpC 101 Georgetti v Compass Communications Ltd [pdf, 89 KB]

   ...was filed within the timeframe for doing so. It expressly referred to an intention to file an application for leave to challenge the Authority’s determination. [4] An application for leave, together with a draft statement of claim and an affidavit in support, was filed on 17 March 2015. The respondent’s notice of opposition followed, albeit out of time. 2 Analysis [5] The Court may extend the time for filing a challenge in its discretion. A number of factors are relevan...

9. Elisara v Aasa [2014] NZIACDT 90 (16 September 2014) [pdf, 126 KB]

   ...The finding was the job offer was deficient in material respects (the letters purportedly 3 from the prospective employer do nothing to answer that issue). Furthermore, the apparent writer of the letters has not authenticated them by an affidavit, or even provided a street address. The letters have the same characteristics that gave rise to concerns regarding the original job offer. They also include a fatuous explanation from the writer of the letters that he would not discl...

10. IAA v Maerean [2013] NZIACDT 21 (28 March 2013) [pdf, 57 KB]

    ...was not required or appropriate, and there had already been significant cost in dealing with the complaint. Further that the complaint was based on more serious allegations than the elements of the complaint that were upheld. Ms Maerean submitted affidavit evidence, which was not challenged, though the Authority persisted with the more serious allegations. [12] Ms Maerean has decided not to renew her licence. Discussion [13] I am satisfied Ms Maerean’s situation is significantly d...