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1. [2012] NZEmpC 60 Mayne v Polychem Marketing Ltd [pdf, 105 KB]

   ...even if the plaintiff was once its employee, he ceased to have that status at the latest by 31 December 1990 or perhaps 1 [2011] NZERA Auckland 360. even as long ago as 1986 when he ceased to perform any duties for the defendant. In these circumstances, the defendant says that there was no employment agreement or contract between the parties immediately before the Employment Relations Act 2000 (the Act) came into effect. It foll...

2. GN v TS LCRO 71 / 2011 (24 November 2011) [pdf, 96 KB]

   ...2007. [5] The Applicant held a long-standing personal grievance against one of ACQ‟s employees, M, who she considered was materially responsible for ACQ having declined her insurance claim in the first instance. It is clear from all of the information on the file that the Applicant wanted M to personally answer for her conduct, but in the event, M was not required to give evidence in that proceeding. Nor, it appears, were professional conduct issues pleaded as part of that procee...

3. [2010] NZEmpC 53 Mars NZ Ltd v MCWU & anor [pdf, 15 KB]

   ...at short notice. The application did not, however, proceed with further discussion between the parties being facilitated which resulted in an interim solution being reached pending a substantive hearing. These arrangements were recorded in the form of undertakings set out in the Court’s oral judgment of 1 March 2010.1 [4] The defendants claim $2,000 towards costs, being 16 hours of executive time for three separate union officers at the rate of $120 per hour plus stationery, tel...

4. Fehling v Appleby (Bankruptcy) [2014] NZHRRT 17 [pdf, 42 KB]

   ...Member Dr SJ Hickey, Member REPRESENTATION: Mr FJ Fehling in person Mr MM Bell for defendant DATE OF DECISION: 1 May 2014 DECISION OF TRIBUNAL ON THE EFFECT OF MR APPLEBY’S BANKRUPTCY Background [1] Mr Fehling’s statement of claim was filed on 19 November 2012. The document is not a model of clarity and the pleadings are not entirely clear. It would appear, however, that two claims are advanced: [1.1] That Mr Appleby breached the Human Rights Act 1993 (HRA) in...

5. Director of Human Rights Proceedings [Lightbody] v Corrections (Joinder of Second Defendant No. 2) [2018] NZHRRT 54 [pdf, 167 KB]

   ...Information Privacy Principle 5. He referred the matter to the Director under s 77(2) of the Privacy Act 1993 (PA). The Director has given Serco an opportunity to be heard and decided to take proceedings against Serco under s 82(2) of the PA. Joinder order requested 6. Counsel for Corrections' Application for Joinder and Memorandum dated 11 July 2018 are accepted as correctly explaining why joinder should be ordered. 7. The Tribunal's comments at [19]-[21] of Joinder of Secon...

6. Xu v Noon [2014] NZIACDT 46 (08 April 2014) [pdf, 135 KB]

   ...conditions and the like. [12] The complainant’s Statement of Reply contained an additional allegation that the adviser failed to comply with the Code of Conduct in relation to written agreements (clause 1.5). The Tribunal in its interim decision informed the adviser that he was at risk of an adverse finding on that issue also. 3 Opportunity to respond [13] The interim decision noted the adviser disputed the alleged facts. [14] As matters stood, it was not possible to...

7. LCRO 255/2016 WR v VB (4 March 2019) [pdf, 176 KB]

   ...the grounds that these were the invoices considered by the Employment Court which found them to be reasonable.13 However, they too, were calculated on the basis of the time expended only. [28] The Committee did not call for Mr VB’s files or request a formal costs assessment by an independent costs assessor. However, it is assumed members of the Committee included lawyers who practice in an area of law similar to, if not the same as, the areas of law under consideration here. The...

8. [2017] NZEmpC 61 Ahuja v A Labour Inspector [pdf, 166 KB]

   ...judgment. I directed that any such submissions were to be filed and served no later than 4 pm on Friday 12 May 2017, after which a judgment would issue. [9] Mr Bennett sought an extension of time for filing submissions, advising that medical information would be filed in support. The extension was granted until 5 Labour Inspector of Ministry of Business, Innovation and Employment v Ahuja [2017] NZERA Auckland 33 (costs). 6

9. [2019] NZEmpC 193 Ikundabose v McWatt Group Ltd [pdf, 214 KB]

   ...person P M Howard-Smith, counsel for defendant Judgment: 18 December 2019 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Eliya Ikundabose commenced employment with McWatt Group Limited (McWatt Group) as a mechanic. A formal employment agreement was executed by the parties on 5 and 6 September 2016. The written agreement confirmed that employment had commenced on 17 August 2016. The agreement also confirmed Mr Ikundabose’s position as a mechanic perform...

10. [2016] NZSSAA 055 (16 June 2016) [pdf, 22 KB]

    ...October 2004 to November 2005. [5] Following the grant of New Zealand Superannuation, the appellant was requested to make an application for a retirement benefit to the United States Social Security Administration. The Ministry has made a number of requests to the appellant to complete an application for a United States benefit but the appellant has declined to do so. [6] The appellant seeks to defer making an application for a retirement benefit from the United States Social Security...