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1. [2007] NZEmpC WC 10B/07 Smith & Anor v Harvey [pdf, 53 KB]

   ...statement containing a good deal of rhetoric and argument in addition to assertions of fact. [10] As to the law applicable to a claim of constructive dismissal, it was common ground that the principles to be applied are those set out by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168. They may be summarised in the form of three questions: a) Was there a breach of duty by the employer to...

2. [2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 233 KB]

   ...former and subsequent employers. These references must have been known to the plaintiff whose lawyers are the same in all jurisdictions. [56] There are at least five such references in the judgments of the High Court, 3 the Court of Appeal, 4 the Supreme Court, 5 the High Court (again on costs) 6 and, finally, the Employment Court. 7 [57] I will simply mention two passages, one from each of the judgments of the High Court and the Court of Appeal. At [8] of the jud...

3. [2016] NZEnvC 018 Waiheke Marinas Ltd [pdf, 607 KB]

   ...This is similar to cases such as enforcement cases, where parties sometimes have no option but to participate. [15] In Canterbury Cricket, the Court brought into this account some further factors, including thatlO in proceedings where any right of appeal is limited to points of law, it was imperative that the application, together with the assessment of environmental effects and the evidence to be called in support, be thoroughly prepared. The Court also noted 11 differences in scop...

4. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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 tha...

5. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...b. Mr CR failed to advance the High Court proceedings in a timely way, failed to attend Court conferences and failed to comply with Court Orders as a result of which the proceedings were stayed by the Court on [Date]; c. On [Date] the Court of Appeal issued a decision upholding disciplinary charges against Mr CR and dismissing Mr CR’s appeal; d. One week later, Mr CR made an offer to settle the High Court proceedings; e. Mr CR failed to provide the Committee with any explanation a...

6. Apostolakis v Public Trust (Strike-Out Application) [2018] NZHRRT 21 [pdf, 205 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 deli...

7. Cooper v Hamilton Pharmacy 2011 Ltd (Application for Non-Publication Orders) [2017] NZHRRT 34 [pdf, 388 KB]

   ...Hamilton Pharmacy for its alleged breach of the Record of Settlement. It is alleged that the disclosures referred to were in breach of an express term of confidentiality. When the ERA dismissed his 4 application for name suppression Mr Cooper appealed to the Employment Court. In that court an unopposed interim order was made by Chief Judge Colgan on 8 May 2015. That order was continued by Judge Perkins on 16 July 2015. It is apparent from the latter judgment that the continuat...

8. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...scope of review [26] 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 that...

9. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...in December 2016 by the purchaser of a property (Mr Beath) marketed by the defendants at Mt Victoria, Wellington. The Committee issued a decision on 3 October 2017 in respect of the conduct which is the subject of the current charges. Mr Beath appealed against that decision to the Tribunal. In a decision issued on 31 August 2018 the Tribunal found that the Committee had made an error of law, and had failed to take relevant considerations in to account, and referred the complaint...

10. LCRO 299/2013 DT v GB (23 May 2017) [pdf, 212 KB]

    ...firm. 7 [12] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:11 … 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 that p...