Search Results

1. [2010] NZEmpC 39 Lewis v Howick College Board of Trustees [pdf, 23 KB]

   ...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...

2. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...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...

3. EMPC Swearing in Judge Inglis [pdf, 130 KB]

   ...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...

4. [2008] NZEmpC AC 38/08 McKean v Board of Trustees of Wakaaranga School [pdf, 23 KB]

   ...or decrease that level: Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato v Elmsly [2004] 1 ERNZ 172. [7] In this case the defendant made a Calderbank offer of settlement before the hearing began. As the judgment of the Court of Appeal in Elmsly confirms, the Court should usually make a “steely response” where the offeree does not better the Calderbank offer. [8] The defendant’s legal costs since September 2004, when the challenge was filed, amount to $139,174....

5. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...case differed from this test in a subtle but very important way. Its finding that the employer’s action was one open to it as a fair and reasonable employer is virtually the same as the test for unjustified dismissal applied by the Court of Appeal in W&H Newspapers v Oram3. 2 Unreported, Shaw J, 30 May 2006, AC 30/06 3 [2000] 2 ERNZ 448 This focused on whether the employer’s actions were open to it as a fair and r...

6. Taylor v Taylor - Estate of Waerena Taylor (2014) 102 Waiariki MB 258 (102 WAR 258) [pdf, 127 KB]

   ...Māori as a whāngai. For some hapū it is acceptable for a grandchild raised as a whāngai to be 2 Kameta v Nicholas – Estate of Whakaahua Walker [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 3 Hohua – Estate of Tangi Biddle or Hohua (2001) 10 Waiariki Appellate Court MB 43 (10 APRO 43) 4 Bennett – Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290) 102 Waiariki MB 262 entitled to su...

7. Samisoni v Tangilanu [2015] NZIACDT 34 ( 23 March 2015) [pdf, 84 KB]

   ...for the complaint: [6.1] The complainant’s visa expired on 17 August 2011. [6.2] She entered into a written agreement with Ms Tangilanu on 13 September 2011. Ms Tangilanu agreed to apply for a visa under section 61 of the Immigration Act 2009, appeal to the Minister and complain to the Office of the Ombudsmen. She paid an initial fee of $500. [6.3] On 20 September 2011, Ms Tangilanu telephoned Immigration New Zealand regarding the complainant’s immigration history. Three days late...

8. [2013] NZEmpC 174 Udovenko v Offshore Marine Services (NZ) Ltd [pdf, 66 KB]

   ...matters which were not actually determined by the Authority, provided they were part of the Authority’s investigation. [11] An overly technical approach is not to be taken. That would enable form to trump substance. And as the Court of Appeal emphasised in Thornton Hall 1 [2012] NZEmpC 156. 2 At [26] and [27]. 3 [2012] NZEmpC 2. Manufacturing v Shanton Apparel Ltd, 4 in dealing with an application for leave to...

9. [2014] NZEmpC 131 Patel v OCS Ltd [pdf, 68 KB]

   ...into account as a factor in favour of the defendant if it makes an offer that would have been more beneficial to the plaintiff than the judgment subsequently obtained. A steely approach is required, for the policy reasons set out by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell. 5 Ultimately, Calderbank offers are a discretionary factor for the Court in determining an appropriate costs award. And, as in all matters, the Court is to exercise its jurisdiction in...

10. [2014] NZEmpC 195 Davis v Commissioner of Police [pdf, 65 KB]

    ...not lie where they fall, Mr Davis’s financial position is such that any award of costs against him should be limited. [11] In exercising its discretion in the matter of costs, the Court primarily relies upon three decisions of the Court of Appeal; Victoria University of Wellington v Alton-Lee, 5 Binnie v Pacific Health Ltd, 6 and Health Waikato Ltd v Elmsly. 7 [12] Costs will normally follow the event and while all matters pertinent to the issue of costs are to...