Search Results

1. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...exclusive jurisdiction, is higher than it was in the High Court for a stay of the proceeding there. It is certainly more than a mere assertion that there has been a strike and the proceedings relate to that. Even on a question of stay, the Court of Appeal noted in New Zealand Labourers Union v Fletcher Challenge Ltd: 2 … a defendant applying for a stay should usually be granted one if on the pleadings and any supporting evidence he satisfies the High Court Judge that it is rea...

2. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...(s12) and the right of workplace access to employees by a bargaining representative (ss 13 and 14). Despite attempts from time to time by the Employment Court to do so (most of which were either negated or at least significantly restricted on appeal), 3 it was difficult to engraft onto a statutory obligation to recognise a bargaining agent, what we now know to be obligations of good faith bargaining. Some, but not much, judge-made law supporting good faith bargaining was developed...

3. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...interim injunction but to all intents and purposes is really an application for final judgment, the plaintiff should demonstrate that it has a “meritorious substantive case.” 3 This is because the defendant will have little or no opportunity to appeal the decision if the injunction is granted and would be deprived of the opportunity of a full hearing to determine the matter on its merits. For these reasons, and taking into account the specialised role of this Court in dealing...

4. Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63) [pdf, 260 KB]

   ...Mr Olsen provided a schedule of numerous attendances and meetings that he and/or Mr Gardiner attended. The hours approximate to 128.5 hours but do not include time expended in relation to the injunction proceedings filed last year, the related appeal proceedings to the Environment Court, or the current removal application proceedings. The trustees say that the total time committed to the project could easily exceed 200 hours each. [16] The trustees advised that no payments have be...

5. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

   ...a significant hazard the employer must take all practicable steps to eliminate, isolate or minimise it. 14 A significant hazard is defined as including “an actual or potential cause or source of serious harm”. 15 [26] As the Court of Appeal observed in Central Cranes Ltd v Department of Labour: 16 The Act adopts a preventative approach to maintaining and promoting health and safety in the workplace. Its principal object is to provide for the prevention of harm. To a...

6. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

   ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...

7. GA & BD v X SC LCRO 186/2013 (5 May 2014) [pdf, 154 KB]

   ...concerned. The scope of this review [45] The role of this Office, when considering a review of a decision to lay charges against a practitioner before the Lawyers and Conveyancers Disciplinary Tribunal, was the subject of comment by the Court of Appeal in Orlov v New Zealand Law Society, where the Court held that there was no threshold test to meet before matters could be referred to the LCDT.16 [46] Part of the Court’s reasoning was that the threshold test which previously exis...

8. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...and Scope of Review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

9. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee without good reason. [13] In Deliu v Hong it was noted that a review is:3 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...

10. Justice Sector Outlook December 2016 [pdf, 758 KB]

    ...treason, espionage, piracy and corruption offences, as defined in Schedule 1 of the Act. Crown Law case disposals: Measures the number of cases that are handled by Crown Law and Crown solicitors. These include, for example, all Category 4 cases, and appeals. We count disposals to align with Crown Law’s workload assessments. The measure is obtained by combining projections of disposals for each of the different types of case handled by Crown Law. Community Detention: Punitive sentence...