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...them out had been “pre-determined”. [12] The difficulty with the pleadings and submissions relating to these matters is that they deal with issues which are not part of the unjustified dismissal grievance before the Court. As the Court of Appeal noted in Waikato District Health Board v 3 [2011] NZERA Wellington 149 at [5]. Clear, 4 s 114(1) of the Employment Relations Act 2000 (the Act) provides that a personal grievance...
LCRO 69/2016 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN PR Applicant AND HG Respondent The names and identifying details of the parties in this decision have been changed. DECISION Introduction [1] Ms PR has applied for a review of a decision by the [City] Standards Committee [X] which determined
...scope of a review have been discussed by the High Court, which said of the process of review under Lawyers and Conveyancers Act 2006 (the Act):11 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
...Scope of Review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
...dense and prolific. As His Honour Judge Stone has noted in relation to the previous s 240:11 [8] There are several superior court authorities regarding the principles applicable to the serious step of removal of trustees. They include the Court of Appeal judgments Rameka v Hall and Naera v Fenwick, and the Māori Appellate Court decision of Perenara v Pryor. [9] These authorities support the following general propositions: (a) removal is a serious step and is not undertaken l...
...scope of review [50] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
Hon Kris Faafoi Minister of Justice Proactive release – Briefing: Official Information Act 1982 – report back on targeted engagement and next steps Released: 7 December 2021 Initially released: 22 August 2020 The following documents have been proactively released by the Ministry of Justice. The initial release of this information in March 2020 included the Briefing and Attachment to the Briefing (documents 1& 2). The subsequent release in December 2021 included the Submis
...acceptance. There was, for example, an earlier Calderbank offer made to Mr Lewis in May 2008 when the Board’s solicitors believed he was advised by a senior and experienced employment law practitioner but which offer was rejected. [14] The Court of Appeal has counselled the Employment Court to be “steely” in relation to Calderbank offers.3 [15] In these circumstances, I consider that Mr Lewis should not be entitled to reimbursement of any costs incurred after his refusal of...
...aid but given “the inherent delays in the application process” a decision on the application for aid would not have been made within the 28-day limitation period. “It would deter many potentially legally aided applicants from pursuing an appeal/rehearing in the Court if they could be held liable for costs, pending a decision of the Agency.” 4. The plaintiff, who had been working part-time as a chef at the time of the Authority hearing, had recently been made redundant...
...http://justedit.justice.govt.nz/courts/employment-court/judicial-papers-and-speeches/remarks-of-chief-judge-gl-colgan-on-the-occasion-of-the-swearing-in-as-a-judge-of-the-employment-court-of-judge-christina-inglis-on-30-september-2011#_ftn5 It was this Court followed by the Court of Appeal[6] which first adapted foreign law notions of good faith dealing between employers, unions, and employees in all aspects of their relationships that are now enshrined in statute and, I venture to sugge...