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...s126 of the Employment Relations Act 2000 which provides that where the remedy of reinstatement is provided by the Authority the employee must be reinstated immediately or in accordance with the Authority’s order despite any challenge to or appeal against the determination of the Authority. It says that: The provisions for reinstatement remain in full force pending the outcome of those proceedings unless the Authority or the Court otherwise orders. [12] There is no guidance give...
...plaintiff was seeking, although I note from the invoices that, with GST, the costs incurred by the defendant in the Authority exceeded $25,000. [9] As to the costs in the Employment Court, Mr McPhail referred to the triumvirate of Court of Appeal decisions on costs: Victoria University of Wellington v Alton-Lee, 6 Binnie v Pacific Health Ltd 7 and Health Waikato Ltd v Elmsly. 8 He observed that the process of document disclosure covered documents created over nearly 14 y...
...jurisdiction to consider the substantive issues which the plaintiffs wish to raise. [15] The outcome is dependent on the interpretation of s179 of the Employment Relations Act 2000. The plaintiffs’ case [16] In relation to the scope of appeals from the Authority to the Court, Mr Wallis cited the leading authorities Sibly v Christchurch City Council1 and Lloyd v The Museum of New Zealand Te Papa Tongarewa2. He relies on the ratio in Sibly as expressed at paragraph 47: If...
...for his actions. He had admitted wrongdoing and just disagreed that his actions amounted to disgraceful conduct. He now accepts the finding. [h] Mr Gollins referred to a comment made in the decision of the Tribunal declining Mr Gollins’ appeal against the decision to lay charges where Judge Barber said “Having said all that, it may be that the defendant’s admissions established not only unsatisfactory conduct but misconduct. Currently we do not think that the revocatio...
...the requirements of s 274 if they wish to be party to the proceedings. Persons who do not give notice under s 274 will receive no further communication from the Court, other than ultimately to receive a copy of the Decision(s) when issued. [21] Appeal processes in part 11 RMA apply after the s 274 period. Nevertheless, because the process leads to a first-instance hearing, there will generally be many more parties than in most appeals. The case- managing Judge may therefore impose fur...
...the Court in case management, alternative dispute resolution, preparation of hearings and the hearings themselves. 7. The topics addressed in the Practice Note are, broadly: Communication with the Court and amongst parties; Lodging appeals and applications; Direct referrals Case management; Alternative dispute resolution; Procedures of hearings Expert witnesses Access to Court records Glossary of terms. 8. There are three append...
...made pursuant to s 110 of the Real Estate Agents Act 2008 following our having found Ms Wang guilty of misconduct by our 2 1 September 2014 decision Real Estate Agents Authority (CAC 20004) v Li & Ors [2014] NZREADT 67. [2] Ms Wang appealed our finding of misconduct to the High Court which, in Wang v Real Estate Agents Authority [2015] NZHC 1011, substituted a finding of unsatisfactory conduct. This reflected the Court’s view that the relevant conduct by Ms Wang was l...
...4 ARC 51/12. 5 Air New Zealand Ltd v Milne [2012] NZEmpC 25. 6 Milne v Air New Zealand Ltd (No 2) [2012] NZEmpC 69. 7 Although reg 69 of the Employment Court Regulations 2000 relates to security for costs on an appeal. 8 See, for example, Polzleitner v WWW Media Ltd [2011] NZEmpC 139. 9 Regulation 6(2)(a)(ii). application by a defendant, that a plaintiff is resident out of New Zealand or that there is reason to believe that a plaintiff wil
...amended statement of claim was filed in each proceeding on 20 March 2013. [7] On 20 May 2013, after hearing argument over the course of some four days, I issued another interlocutory judgment, 4 recording that the plaintiff had sought leave to appeal the order I made on 1 March 2013 relating to security for costs but the Court of Appeal, in a judgment dated 16 April 2013, 5 had dismissed the application. Nevertheless, for the reasons explained in my judgment, it was necessary fo...