Search Results

1. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...to this case concerns the quality of evidence necessary where the allegation of breach is of particular gravity. In Honda NZ Ltd v NZ (with exceptions) Shipwrights etc Union [1990] 3 NZILR 23: (1990) Sel Cas 885: [1991] 1 NZLR 392, the Court of Appeal affirmed the principle as it had been stated by the Labour Court as follows: It is well settled that the standard of proof which the employer must attain is the civil standard of balance of probabilities rather than the criminal stand...

2. [2006] NZEmpC WC 10/06 Timmins v Asure New Zealand Ltd [pdf, 121 KB]

   ...different. Mr Timmins’s promised work ended on 4 January 2002. He did not work after that date, or even seek work with ASURE even when he went to Imlay on 7 January 2002 to collect the employment agreements. [90] As was confirmed by the Court of Appeal in Warwick Henderson Gallery Ltd v Weston2 an oral agreement of employment is enforceable even though the ERA requires employment agreements to be in writing. In this case, however, it is inarguable that any oral offers of emp...

3. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ITE v ALA NZEmpC AUCKLAND [2016] NZEmpC 42 [15 April 2016] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES' IDENTITY. IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 42 EMPC 196/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ITE Plaintiff AND ALA Defendant EMPC 272/2015 IN THE MATTER OF a challenge

4. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   ...for reinstatement as described in section 123(a). [82] The effect of subs (2) is that I must order reinstatement if I am satisfied that it is “practicable”. The meaning of that word in this context was recently considered by the Court of Appeal in Lewis v Howick College Board of Trustees 13 where the Court endorsed the view adopted in a previous decision: 14 Practicability is capability of being carried out in action, feasibility or the potential for the reimposition of...

5. Tomov v Auckland Council [2012] NZWHT Auckland 34 [pdf, 221 KB]

   1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2011-100-000018 [2012] NZWHT AUCKLAND 34 BETWEEN SLAVE TOMOV, LILJANA TOMOVA AND DAVENPORTS WEST TRUSTEE COMPANY (NO 1) LIMITED Claimants AND AUCKLAND COUNCIL First Respondent AND MODERN HOMES DEVELOPMENT LIMITED Second Respondent AND ANDREW THOMAS Third Respondent AND PBS DISTRIBUTORS LIMITED Fourth Respondent AND GEORGE MAREVICH Fifth Respondent AND ROOF IMPROVEMENTS LIMITED (Removed) Sixth Re

6. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

   ...the present context, in New Zealand. Legal words and phrases dictionaries are similarly unhelpful. So, too, is the record of the parliamentary history of the Employment Relations Amendment Act (No 2) 2004. [48] In Canada, the Ontario Court of Appeal considered the word in a criminal context in R v Rochon 2003 CanLII 9600; (2003) 173 CCC (3d) 321 at paras 57-58: … I do not think the word “support” is impermissible in the context of a proper definition of “abet” …. …...

7. [2017] NZEnvC 209 Auckland Council v London Pacific Family Trust [pdf, 1.1 MB]

   ...subordinate RMA planning instrument are also well settled and not contentious. We are guided by the Interpretation Act 1999 ('IA'), particularly s 5 on purposive interpretation. The principles are also as set out in the leading Court of Appeal authorities of Rattray17(decided pre-RMA) and the more recent decision in PoweJJ18 (where Rattray was applied and interpreted in relation to an RMA district plan matter). In particular, we apply the approach described in the following...

8. INZ v Soni [2018] NZIACDT 6 (9 March 2018) [pdf, 315 KB]

   ...or her account of the matters charged, there can be no complaint if the Tribunal draws the unfavourable evidentiary inference which absence from the witness box commonly attracts. [64] In Ithaca (Custodians) Ltd v Perry Corporation the Court of Appeal considered what inferences may be drawn from the absence of witnesses.9 The Court observed: [153] …The absence of evidence, including the failure of a party to call a witness, in some circumstances may allow an inference that the mi...

9. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

   ...informed Mr Chen an application for a student permit under section 35A would be declined. [103.9] Part of an immigration service agreement dated 19 August 2008 with an unidentified client in which AGC agreed to provide services relating to an “Appeal to Minister” for a fee of $4,800. [103.10] The Authority’s letter of 8 November 2012 notifying Ms Gu-Chang of the renewal of her licence. [103.11] An undated letter from Mr Chen to Immigration New Zealand. [103.12] A letter dated...

10. MfE - Supplementary - T A D Ensor - Planning (18 March 2021) - Appendix A [pdf, 366 KB]

    ...refers to restoring habitats for sports fish. The value of Park Burn as trout habitat was discussed earlier in this Decision. 6 Part 2 matters [105] I note that in the recent Lindis decision the Court concluded that notwithstanding the Court of Appeal decision in RJ Davidson Family Trust v Marlborough District Council, it was desirable to assess Part 2 matters because of inconsistencies in the RPWO. I take the same approach here, noting that s5 is not itself an operative provision.46...