Search Results

1. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...then found: Mr Saad offered Mr McIvor 30 hours a week at the minimum wage but this was not acceptable to Mr McIvor. Mr McIvor refused the offer and handed Mr Saad a letter of resignation. [25] The Authority cited the judgment of the Court of Appeal on constructive dismissal in Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW. 2 That required the Authority to consider first whether the resignation was caused by a breach of duty on the...

2. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...convenience favours the making of the order sought; and (c) In considering all matters, the overall justice favours the making of the orders sought. [10] In the recent decision of NZ Tax Refunds Ltd v Brooks Homes Limited, the Court of Appeal confirmed the approach in these terms: 2 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the...

3. Committee on the Elimination of All Forms of Racial Discrimination – summary record 15th-17th reports (continued) [pdf, 66 KB]

   ...effective remedies for violations of rights contrary to the Convention. Treaty settlements were not considered temporary measures. 22. Turning to immigration issues, she said that the Government continued to consider that it was preferable for the appeal and review procedures in the Immigration Act to be the primary means of resolving disputes about individual immigration decisions, rather than creating a parallel resolution process. Without the procedural bar, there was a risk that appli...

4. [2014] NZEmpC 174 Workforce Development Ltd v Hill [pdf, 143 KB]

   ...to ensure that it followed the process set out in the contract. [50] It was submitted that WDL ought to have done more following the meeting to advocate for Mrs Hill’s position or, following advice of the final decision, taken steps to ‘appeal’ it on her behalf. The meeting concluded on the basis that Corrections had ten days to reach its decision. Mrs Hill had been given an opportunity to comment at the meeting and took no steps following the meeting to raise further mat...

5. McLelland - Ngati Hine H2B (2011) 21 Taitokerau MB 57 (21 TTK 57) [pdf, 194 KB]

   ...analysis of the then legislation relating to meetings of assembled owners shows that the requirement for resolutions to be formally moved was very limited. [51] Today‘s legislation concerning meetings of assembled owners – which the Court of Appeal in Clarke v Karaitiana recently observed carry a greater degree of formality than meetings of beneficial owners of a trust 11 - recognises that technical irregularities do not automatically defeat the outcome of meetings. Regulatio...

6. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...Confiscation Claims (2004) Legislation Direct, Wellington, p 166 at para 6.4, p 263 at para 10.1, p 303 at para 10.8.4 and p 323 at para 11.2.5 and Faulkner v Deputy Registrar – Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643 (2010 APPEAL 643) 18 Waikato Maniapoto MB 225 Tauranga, no Māori land in the Tauranga district has had the status of Māori customary land. All that Judge Milroy did was confirm the existing status of the block which is Māori free...

7. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...10063 v Jenner Real Estate Ltd [2012] NZREADT 68 where we followed our earlier decision in Cooke v CAC 10031, [2011] NZREADT 27, and noted with approval the following definition of misconduct, set out in a decision of the New South Wales Court of Appeal, Pillai and Messiter (No 2) (1989) 16 NSWLR 197: “Professional misconduct does not arise where there is mere professional incompetence nor deficiencies in the practice of the profession by a practitioner. More is required. Such miscon...

8. CAC 10026 v Dodd [2011] NZREADT 1 [pdf, 184 KB]

   ...continuing as a salesman. Traits such as dishonesty or gross incompetence may be within this category. Less culpable characteristics may well not.” (emphasis added) [87] In Niall v REINZ, High Court Auckland, 9 July 2009 Allan J was considering an appeal from an order cancelling the appellant‘s salespersons licence. Allan J referred to Sime v REINZ (supra) with approval and said: ―The Board does not appear to have considered Mr Niall‘s character as such. Rather it seems...

9. [2013] NZEmpC 242 Udovenko v Offshore Marine Services Ltd [pdf, 153 KB]

   ...interpretation. What is the meaning that would be conveyed to a reasonable person who has all the background knowledge which would reasonably have been available to the parties in the circumstances at the time of the contract? 5 The Court of Appeal in Silver Fern Farms Ltd v New Zealand Meatworkers and Related Trade Unions Inc 6 endorsed a contextualised approach to the interpretation of collective agreements, accepting that it is appropriate to consider prior instruments betwee...

10. [2013] NZEmpC 238 AsiaCiti Trust NZ Ltd v Harris [pdf, 159 KB]

    ...that “the Court may order any party to pay any other party such costs and expenses (including expenses of witnesses) as the court thinks reasonable”. The issue of awards of costs has been the subject of three main decisions of the Court of Appeal and the principles to be applied are now well established. 6 The extent of the Court’s discretion on costs has been confirmed in those decisions. [52] Generally an order of costs will follow the event. The usual reimbursement...