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  1. [2016] NZEmpC 176 Radius Residential Care Ltd v The New Zealand Nurses Organisation Inc and Others [pdf, 97 KB]

    ...primary focus of its proceedings was the interpretation of the phrase “union meeting” in s 26 of the Act (and also in the parties’ collective agreement) on which issue the plaintiff was successful. Radius describes the penalties claimed as being “ancillary to the plaintiff’s request for declarations of breach of good faith”. [14] Nevertheless, I accept that the initially undefined amounts of penalties sought, in particular, against individual current staff was n...

  2. [2017] NZEmpC 30 Lumsden v Skycity Management Ltd [pdf, 222 KB]

    ...Mediation was subsequently arranged for 25 November 2014. [5] Before mediation took place an incident occurred involving a confrontation between Mr Lumsden and a customer. The customer lodged a complaint with Skycity. Mr Lumsden also raised a formal complaint. He believed that another employee had deliberately prompted the customer to provoke an attack on him, and that an emergency button appeared to have been deactivated immediately prior to the incident. By this stage Mr Lum...

  3. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

    ...reimbursement from the plaintiff of a share of the legal costs incurred in dealing with allegedly unlawful exports in an affair which became known as “powdergate” and which is said to have cost Fonterra almost $1.5 million. [4] The plaintiff claims to have been employed by Kiwi Co-operative Dairies Ltd (Kiwi), a company which was one of those amalgamated to form Fonterra so as to effectively make the plaintiff an employee of Fonterra. In response, Fonterra alleges that the p...

  4. [2017] EmpC 156 Coomer v JA McCallum & Son Ltd [pdf, 309 KB]

    ...Coomer returning to work as a driver was discussed at this meeting as it had been at the meeting on 16 February. The agreed statement of facts does not describe in any detail what occurred at this meeting but it was sufficient for Mr Coomer to request that Mr Proffit not supervise him. Mr McCallum declined that request. [8] On 15 April 2016, Mr McCallum wrote to Mr Coomer offering him a position working in the factory. The proposed hours of work were to be between 6.00 am and 9.0...

  5. LCRO 19/2016 OW v PG (29 September 2017) [pdf, 292 KB]

    ...inconvenience and costs. 3. As discussed at the meeting, we will need from each owner their conveyancing file. This is the file from your solicitor who acted for you when you purchased your unit. To that end, would you please fill in the enclosed form and return it to [TP] of this office. Her email address is [tp@ar.co.nz]. Once we have the form completed by you, we will send it to you[r] solicitor and obtain your conveyancing file. You need simply fill in your unit number, the...

  6. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

    ...the [Suburb] District Court on 15 December 2017. [8] The proceedings were robustly defended. [9] In March 2019, [law firm] advised the District Court registry that Mr DG was proposing to file an interlocutory application for non-party discovery. Request was made that the proceedings be scheduled for a call over in April 2019. [10] A pre-trial settlement conference (to proceed by telephone) was scheduled for 8 April 2019. The parties were directed to file memoranda 3 days in advance o...

  7. What the scheme can help with

    ...criminal trial. You may have helped in the ‘administration of justice’. This includes things like reporting a crime or giving information to the police. The accused does not have to have been prosecuted or convicted of the crime for you to be able to claim compensation. If you are in a close relationship to a witness who is victimised you may also be able to claim compensation for losses. This would be if you had a material loss from helping or caring for the witness. If you can claim money...

  8. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

    ...whether Mr Clarke was a co-developer of the apartment complex and liable to the claimants for breaches of duties of care to ensure the construction of a weathertight building. The answer to this issue depends on identifying the actual role performed by Mr Clarke in the development and interpreting and assessing the relevance of the documentation referring to different entities associated with him. THE CLAIM AGAINST MR CLARKE [10] The claim against Mr Clarke is set out i...

  9. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

    ...assessment of the course content as well as having personal reasons for withdrawing unrelated to the delivery of its course. Z Ltd has highlighted the course is popular nationally and fully accredited by NZQA. 3. Having considered all of the information before me including the explanations of PR and NB for Z Ltd at the hearing, on balance I consider it more likely than not PR is entitled to a refund. This is for the following reasons: a. It is not disputed that PR withdrew from...

  10. Flutey - Papatupu 2A No.2 (2016) 358 Aotea MB 38 (358 AOT 38) [pdf, 305 KB]

    ...Parker, according to counsel, attended their offices and requested copies invoices relating to the payment of the proceeds relating to the harvest. Following that, according to Ms Allen, on 28 August 2014 further correspondence was sent to Mr Parker requesting an update on progress and suggesting an interim distribution to both parties. Mr Parker replied on the same day confirming that he had instruction that no distribution was to be made. He also confirmed that he had calculate...