Search Results

1. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...intention of the parties in the context of their employment relationship and evidence in relation to past practices under the provisions in question which are long-standing, having been carried over through successive collectives. As the Court of Appeal recently noted, historical considerations such as the way in which the parties have approached particular provisions in past CEAs can be used to assist in their construction. 6 [22] The second question of law posed by the applica...

2. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...2 Section 26(1)(b). 3 [2001] ERNZ 647 (CA). 4 [2003] 3 NZLR 787, 791 (CA). [22] A distinction must accordingly be drawn between injury which is covered and injury or loss which is not. In Attorney-General v B the Court of Appeal held: 5 We accept that in principle an employer may be liable for breach of duties to an ill or injured employee. There may, for example, be discriminatory conduct towards an injured employee; or in a case like Bint the method of di...

3. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...that he is, “seriously considering resigning”. He stated: 22. I found myself looking at properties in the country the other day. I realised that I was looking for a hideaway because the prospect of staying where I am is currently so unappealing. In reference to Mr Ross, Mr Chote deposed: 19. The problem is that with Dominic‟s re-instatement Josh has handed in his resignation. If Dominic returns, Josh will leave. Josh is absolutely clear on this. If Josh leaves, he...

4. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

   ...The court in any proceedings may order any party to pay to any other party such costs and expenses (including expenses of witnesses) as the court thinks reasonable. [25] However, that discretion is to be exercised judicially. As the Court of Appeal has emphasised, the “award of party and party costs should generally follow the event and amount to a reasonable contribution to costs actually and reasonably incurred.” 4 [26] The usual starting point for assessing costs in th...

5. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...matter removed to the Court rather than an investigation meeting and a hearing de novo of a challenge. [24] Ms Stone properly raised the other side of that proposition which is that removal into the Court would deprive the parties of a “right of appeal”. That is undoubtedly correct but, as the Court has observed on previous occasions, that occurs whenever a matter is removed under s 178 and the legislature must have regarded it as an acceptable consequence. [25] Ms Stone qu...

6. Regulatory Impact Statement Trans Tasman Proceedings Bill [pdf, 126 KB]

   ...appropriate court for the proceeding 5 a judgment from one country could be registered in the other. It would have the same force and effect, and be enforceable as a judgment of the registering court a judgment could only be varied, set aside or appealed in the court of origin a judgment could only be refused enforcement by a court in the other country on public policy grounds. Final non-money judgments - The range of final judgments that can be recognised and enforced bet...

7. [2009] NZEmpC CC 22/09 Gearry v Armourguard Security Ltd [pdf, 49 KB]

   ...significance at all in the context of this case. [28] Finally, there is no support for the proposition that redundancy gives rise to a general right to compensation unless “suitable alternative employment” is provided. To the contrary, the Court of Appeal has made it clear that redundancy compensation will only be payable by agreement and then in accordance with the terms of the agreement4. [29] Mr Wall’s argument that Mr Gearry’s claim for redundancy compensation could...

8. Martin - Estate of Jackie Te Ratu Tio - (2013) 305 Aotea MB 1 (305 AOT 1) [pdf, 126 KB]

   ...until a memorandum was issued on 14 July 1992 by Judge Marumaru stating that despite counsel’s submission, he saw no reason to change his final view, and that “the appropriate course now is for the Court to make a final order against which an Appeal can be lodged”. 5 The Court requested the Registrar investigate and report on the issue of the predecessor in title to Whānaupani Tio. Judge Marumaru indicated that the Court would then either make an order or set the matter do...

9. Wellington v Wellington - Estate of Henare Haehae Wellington (2015) 104 Taitokerau MB 156 (104 TTK 156) [pdf, 187 KB]

   ...Court and this court is bound to act on that grant. If someone wishes to dispute, for example, the proper execution of a will for which 6 Hodgson – Ropata Wharetoetoe Rare (2004) 34 Gisborne Appeal MB 120 (30 APGS 120). 7 Ibid at MB 124. 104 Taitokerau MB 161 probate has been granted, then that case would have to be decided by the High Court as it has sole jurisdiction on matters of probate. [22] In Tahuparae Judge A...

10. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore [pdf, 391 KB]

    ...respectfully submitted that to allow this marina development to proceed would amount to a frustration of and a derogation of the original grant by the Delamore family. 26 16. In Mt Cook National Park Board v Mt Cook Motels ltd,[ 1972 ]the Court of Appeal applied the principle of non derogation of grant where a licensing fee imposed pursuant to a statutory bylaw was arguably so excessive it frustrated the related lease. Justice North stated that the maxim applies to all grants on th...