Search Results

1. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...Mr Martin for the Commissioner sought to require the plaintiff to be limited in the evidence that she will be entitled to adduce leading to her dismissal grievance by reference to the nature of that claim. As Mr Martin pointed out, the Court of Appeal in Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 set out three categories or classes of constructive dismissal in employment. That the categories may not necessarily be closed is not for decision in this case, a...

2. [2007] NZEmpC AC 33/07 Schneller v Ranworth Healthcare Ltd [pdf, 51 KB]

   ...rights under the Act or to establish the suitability of the employee’s permanent employment. [18] These provisions were interpreted and applied in a case heard by this Court (Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213) and subsequently on appeal by the Court of Appeal (Norske Skog Tasman Ltd v Clarke [2004] 1 ERNZ 127). [19] If employment was pursuant to a lawful fixed term agreement, the expiry of this agreement according to its terms would not support a claim to an unju...

3. [2010] NZEMPC 144 Gilbert v Transfield Services (NZ) Ltd [pdf, 37 KB]

   ...determination by email but stated to Ms Service that this had not happened and requested her agreement to an extension of 1 CA 5A/10. time in the event that Mr Gilbert decided to pursue an appeal of the Authority’s determination, once he had received and studied it. [7] That same day Mr Yukich deposed that he contacted the Authority, reminded them of the request for service by email and requested a copy of the determinat...

4. [2009] NZEmpC CC 7/09 Heritage Expeditions Ltd v Fraser [pdf, 37 KB]

   ...position. [20] The second difference flows from this. Where a party allows the prescribed time to expire before taking any steps, the opposing party is led to believe that the right will not be exercised. Where the right in question is one of appeal or challenge to a decision already made in favour of the other party, that party will have been led to believe that the decision at first instance was final and enforceable. In such circumstances, being deprived of that certainty is s...

5. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

   ...Mr Ryan for the plaintiff referred not only to Binnie but also to Victoria University of Wellington v Alton-Lee [2001] 1 ERNZ 305 (CA) and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA), and submitted that these “triumvirate” of Court of Appeal decisions have established the principles to be applied by the Employment Court in fixing costs. He submitted that the first step is to decide whether the costs actually incurred were reasonable and to make adjustments if they were n...

6. Scott v Sullivan - Karamu AY Section 2 (2013) 27 Takitimu MB 5 (27 TKT 5) [pdf, 127 KB]

   ...satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [24] In Rameka v Hall, on the issue of the relevant principles regarding removal, the Court of Appeal, citing with approval the approach of the Māori Appellate Court, stated: 6 [30] The settled approach in the Māori Appellate Court in applying s 240 is to make an assessment of these standard duties together with what the...

7. Jones - Pukawa D3 Trust (2015) 124 Waiariki MB 217 (124 WAR 217) [pdf, 246 KB]

   ...formally notified. 30. There is no authority for the Court to dismiss an application during the course of a judicial conference. Accordingly the order dismissing the applications has been made in excess of jurisdiction. We, therefore, uphold the appeal on this ground and order a rehearing. 7 Keepa v Vercoe - Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) citing Karena v George – Karaka Huarua A and B (2002) 6...

8. Couper v Paki - Lloyd Alexander Couper (2012) 281 Aotea MB 156 (281 AOT 156) [pdf, 173 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Māori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. 281 Aotea MB 161 [21] The Māori Appellate Court recently considered the issue of rehearings...

9. [2014] NZEmpC 108 Hamon v Coromandel Independent Living Trust [pdf, 81 KB]

   ...in this Court is that costs will follow the event and usually an award will be made amounting to 66 percent of the actual and reasonable costs incurred by the successful party. These principles have now been well established in three Court of Appeal decisions dealing with the issue of costs in this Court; Victoria University of Wellington v Alton-Lee, 3 Binnie v Pacific Health Ltd, 4 and Health Waikato Ltd v Elmsly. 5 The principles have recently been reconfirmed by the Court...

10. Karaitiana v Carroll – Matahiwi No 4B, Waipuka 2R Sec 3 and Waipuka 3A3A (2014) 29 Takitimu MB 214 (29 TKT 214) [pdf, 205 KB]

    ...support or opposition was then undertaken, based on the available evidence, which revealed the opposite outcome, as the following tables confirm: 7 [2011] Māori Appellate Court MB 428 (2011 APPEAL 428); 8 See Reid v Trustees of Kaiwaitau 1 Trust (2006) 34 Gisborne Appellate Court MB 168 (34 APGS 168) and Brown v Māori Appellate Court (2001) 1 NZLR 87 9 [2011] Māori Appellate Court MB 428 (2011 APPEAL 428); 10 Bidois v T...