Search Results

1. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...position description to INZ to support a variation to the conditions of his work visa. That application was declined. INZ raised concerns about the position not having been advertised. Mr Vermuelen told Mr Flyger about this turn of events and requested that the role be advertised. Mr Flyer declined to do so. His evidence was that he refused to advertise the role because he did not want the hassle associated with that step. [23] I do not accept that the way in which the company ha...

2. [2017] NZEmpC 132 Waikato District Health Board v Archibald [pdf, 457 KB]

   ...affected staff, including Mrs Archibald, the degree of impact remained unclear until a late stage. That undermined Mrs Archibald’s ability to substantively engage in the consultative process. Further, it is apparent that a firm view was formed early on that it was perfectly reasonable to expect someone in Mrs Archibald’s position to travel nearly three hours a day to attend team meetings in Hamilton. While accepting that the position would likely have been different had...

3. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...would have worked an average of 53⅔ hours per week exclusive of days off. [13] Ms Jinkinson was paid fortnightly and earned an average of $1,045.82 per week. From March 2006 onwards, she received quarterly bonuses based on the overall mine performance. [14] Oceana Gold conducted annual reviews of Ms Jinkinson’s performance. The company also carried out assessments of her ability and, in September 2006, this resulted in a promotion with a corresponding pay rise. [...

4. Litchfield & Wells [pdf, 92 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The submission from Marie Litchfield and Graham Wells in response to the assessor’s report. The submission from Alan Light. The assessor’s report dated 19 November 2009. The letter from Laura Tait of the...

5. Cotter v Cotter - Tutaekuri B13 [2019] Chief Judge's MB 951 (2019 CJ 951) [pdf, 471 KB]

   ...directions. On 8 August 2017, a notice of intention to appear was on behalf of Counsel Bidois for the respondents (transferees), filed a memorandum seeking a timetable for applicant’s evidence. The memorandum is summarised below: i. Counsel requested timetabling directions for filing of the applicant’s evidence; and ii. The applicant has not produced evidence to prove that the order is erroneous Submissions: i. Counsel claims that the applicant has no success without...

6. DG Ltd v ID Ltd [2020] NZDT 1441 (24 August 2020) [pdf, 215 KB]

   ...is known by the technical legal term “consideration”. A contract can be oral, or written, or partly oral and partly written. CI0301_CIV_DCDT_Order Page 2 of 5 5. The correct way under the law to determine whether a contract has been formed is to take into account all the things said or written by the parties to each other, and, if possible, to find where an offer was made that was accepted. It will also be necessary to determine whether an exchange of value has taken plac...

7. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...seemingly having “taken [it] upon himself” to act as executor and trustee of Mrs LF’s will instead of applying to the Court for directions when BG became unwell, and later upon BG’s death. (b) Personal property in the family home [39] Mr LF claims (a) Mr DN had not carried out Mrs LF’s wishes expressed in her will, and had ignored his lawyer’s requests for information about both Mrs LF’s and BG’s respective estates, and (b) Mr DN and JL had “no regard for the law...

8. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...did not have any right elbow symptoms. [22] On 22 January 2015 the appellant injured his right elbow while moving furniture. He consulted his GP on 5 February 2015 who noted that he was tender under the lateral epicondyle with elbow pain. A claim for cover for right lateral epicondylitis was filed. [23] Dr Lane commented on 26 February 2015, on the claim for cover for right elbow lateral epicondylitis. Dr Lane noted that cover had been declined for the same process for su...

9. Manuirirangi v Parininihi Ki Waitotara Incorporation - Waiokura Te Kauae blocks, Section 27-29, 33,34, 40-44 and Section 111 Block VII Waimate Survey District and Lot 1 Deposited Plan 5603 (2013) 312 Aotea MB 104 (312 AOT 104) [pdf, 86 KB]

   ...Tōpu Trust seeks an order for the alienation of the Waiokura Te Kauae lands from the Parininihi ki Waitotara Incorporation (“PKW”) to the Trust for the benefit of Ngāti Tu hapū, and for the upkeep of Waiokura Marae. In short Mr Manuirirangi requests that the Court order PKW to transfer title of the lands to the Trust by way of gift or alternatively for some nominal amount that may involve an exchange of shares. [2] PKW opposes the application and says that it has wider respo...

10. TI v N Ltd [2019] NZDT 1438 (30 September 2019) [pdf, 200 KB]

    ...agrees to assume all the risk, for any condition or problems that may be concealed at the time of the inspection. CI0301_CIV_DCDT_Order Page 3 of 6 Nothing will be dismantled during the inspection, and there will be no destructive testing performed. Appliances and spa/pool equipment special cycles or features are not inspected; none of the appliances or equipment will be dismantled, and no determination of their efficiency will be made. The client understands that the house...