Search Results

1. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   ...September 2006, AC 49/06 and NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Air Nelson Limited unreported, Chief Judge Colgan, 17 June 2007, CC 12/07 2 [2001] ERNZ 822, 838 of striking or locked out employees. On appeal, this was reinforced by the Court of Appeal in that case3 which found that s97 confers employment related rights on employees and constrains the bargaining power of an employer for the benefit of the striking or locked out employees. T...

2. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

   ...support of this concern, Mr Hood pointed to the fact, which was acknowledged by Mr Allright, that he had included confidential information in his original affidavit. I was also referred to the dictum of Lord Denning in the English Court of Appeal in Littlewoods Organisation Ltd v Harris [1978] 1 All ER 1026 at page 1038 where he said: … it is appropriate that a covenant, restricting an employee from full freedom of taking other employment when he leaves his existing empl...

3. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...employee has sought reinstatement and such reinstatement is practicable, there is an expectation that the order should be made. [7] In New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School2 the Court of Appeal endorsed the tests for practicability applied by the Employment Court. The essential elements of this test are: • The onus is on the employer to establish that reinstatement is not practicable. • Practicability is not the same as...

4. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. [30] In a redundancy situation, this requires a consideration of both substantive and procedural factors. [31] The Court of Appeal discussed these requirements in Grace Team Accounting Limited v Brake. 5 In its judgment the Court stated: 6 If the decision to make an employee redundant is shown not to be genuine (where genuine means the decision is based on bu...

5. [2015] NZEmpC 188 Randwick Meat Co Ltd v Burns [pdf, 94 KB]

   ...removed by the Authority it should, in the exercise of its discretion, decline to refer the matter back to the Authority because both parties had indicated that any determination of the Authority on the unjustified dismissal claim would inevitably be appealed to the Court. Ms Buckett made the observation that the parties had attended "multiple mediations" as well as a judicial settlement conference, all to no avail. Discussion [27] I have given careful consideration to...

6. Kotahitanga Log Haulage Limited v Forest Distribution Limited - Mangaroa (2015) 121 Waiariki MB 149 (121 WAR 149) [pdf, 162 KB]

   ...both as to the nature of the contractual arrangements and the various parties involved that would, in my view, more properly be dealt with by the Civil Courts. In terms of the interpretation I have applied to section 18(1)(d), I note the Court of Appeal’s consideration of the jurisdiction of this Court in the Attorney General and Māori Land Court case (the Tahora case). 5 Whilst not specifically on section 18(1)(d), the Court of Appeal does highlight the importance of reading sec...

7. Whaanga v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2014) 42 Tairawhiti MB 292 (42 TRW 292) [pdf, 202 KB]

   ...[15] On 1 October 1997 succession orders were made at 98 Wairoa MB 7-24 in respect to Ihaka Whaanga’s estate. An order was also made changing the status of sections 90 and 91 from General land to Māori land pursuant to s 133 of TTWM. [16] Mac appealed these orders to the Māori Appellate Court. On 24 February 2000 2 the Appellate Court dismissed the appeal with respect to the status order but cancelled the succession orders because it found that the lower Court had made the succ...

8. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Rameka v Hall the Court of Appeal cited with approval the relevant legal test for removal of trustees as set out in by the Māori Appellate Court in Apatu v Trustees of Owhaoko C1 and 2C: 10 [30] The settled approach in the Maori Appellate Court in applying s 240 i...

9. [2013] NZEmpC 171 Fifita v Dunedin Casinos Ltd [pdf, 126 KB]

   ...difficult when non-monetary remedies, particularly reinstatement, are sought or where the plaintiff’s legitimate interest in the outcome includes non-monetary components, such as reputation or vindication. This has been recognised by the Court of Appeal in a number of cases but what was said in those cases and the approach to be taken was summarised in Bluestar Print Group (NZ) Ltd v Mitchell 6 : [17] The starting point is that reg 68(1) of the regulations provides that the Cou...

10. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

    ...that the evidence of the Labour Inspector was insufficient when he said: I believe that the respondent [presumably the first respondent TOEL] is liquidating its assets and the directors are preparing to leave New Zealand. I believe that the appeal of the Authority’s determination is merely a stalling tactic to provide the respondent with time to dispose of assets of [the] company and distribute the proceeds of any sale to the directors personally in order to avoid their respo...