Search Results

1. [2007] NZEmpC AC 25/07 Woud v Department of Corrections [pdf, 69 KB]

   ...sought this accrual to be added to his annual leave entitlement. He seeks a declaration that he is entitled to that accrued annual leave as between the date of his dismissal and reinstatement because the defendant has refused to comply with his request. It is common ground that the plaintiff is no longer in the employment of the defendant. [4] The strike-out application pleads that no reasonable cause of action has been raised and that the plaintiff’s proceedings are an abuse of...

2. Wati v Accident Compensation Corporation (Claims process and Costs on Appeal) [2024] NZACC 109 (27 June 2024) [pdf, 198 KB]

   ...Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: R Chand for the Appellant F Smith for the Accident Compensation Corporation (“the Corporation”) Judgment: 27 June 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process and costs on appeal] Introduction [1] The following appeals have been lodged: (a) ACR 319/19: lodged on 12 December 2019. The appeal is against the decision of a Reviewer dated 15 November 2019. The Reviewer dismissed the

3. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...was facilitating the conference on behalf of the Tribunal, and therefore had the discretion to exclude any person from contributing to the conferral process. (c) A repairer who was a respondent in an application with alleged defective works, requested that it was removed from the application. The insurer opposed as it wanted to recover against the repairers. The Tribunal allowed the removal application, on the basis that preliminary evidence showed that it was unlikely that the...

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

   ...advocate is acting for, unless the parties agree otherwise. The parties must not undermine or do anything that is designed to undermine the bargaining or the authority of the other in the bargaining. The parties must provide to each other, on request and in accordance with s 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining. 5 The parties to bargaining are not required to continue to...

5. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...other iwi in the area. We inherited our customary rights and interests in Waitemataa and the surrounding area through our tuupuna and ahi kaa roa. 13. Ngaati Whanaunga do not view our whenua, moana and other taonga solely for their physical form. They also embody the cultural and spiritual values associated with our past. The cultural and spiritual significance of our taonga increases where they are associated with important tuupuna and events that were significant to the mana...

6. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...author of another letter of complaint about Ms Mackay), and three other staff. 6 [13] In the course of these interviews, Mr McLennan coached Ms X on how to avoid inflammatory situations. He also recorded that Ms Y was willing to attend some form of mediation to restore a harmonious work environment. 7 Ms Mackay was not informed about these matters at the time. Nor had anyone spoken to her about obtaining support from an Employee Assistance Programme. 8

7. W and W v Southern Response Earthquake Services Ltd [2020] CEIT-2020-0020 [pdf, 549 KB]

   ...Christchurch City Council’s flood management minimum floor height by about a metre, leaving it subject to periodic flooding. [7] The first three pages of SL’s report outlined the brief it had received from the applicants and then defined its “performance criteria” which included its understanding, in structural engineering terms, of reinstatement to an “as new” standard. It then summarised the geotechnical issues derived from a geotechnical report obtained by the applicant...

8. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

   ...2015. Ms MQ had been paid $11,291.48, and had applied those funds to her invoices, leaving an unpaid balance of $10,102.93. [18] Ms MQ supplied a copy of the advice, and advice from counsel, Mr BJ, to enable Mr VT and Mr RH to brief Mr PY. Ms MQ requested payment of her outstanding fees before the file was uplifted. Further attempts to encourage Yelp to pay the outstanding balance came to naught, and in September 2016 Ms MQ’s firm commenced debt recovery proceedings in the Dist...

9. [2021] NZEmpC 230 Allison v Ceres New Zealand LLC [pdf, 175 KB]

   ...Authority, discontinuing proceedings in the Authority seeking compliance, and not seeking costs associated with steps taken in this proceeding to that point in time. There was no response to that offer. [6] Mr Allison does not oppose an order but has requested it be for a lesser amount than Ceres claimed. Ms Oberndorfer, Mr Allison’s advocate, accepted that the calculation provided by Ceres complied with the Court’s Guideline Scale. A deduction was sought, however, because...

10. CG v SG [2019] NZDT 1488 (2 April 2019) [pdf, 179 KB]

    ...some of the background is missing also. SG argued that the wave is the main object of the scene, and that this is reflected in the title “wave 02”. While I accept that the wave is the central focus of the image, the rest of the picture still forms part of the description or sample. The picture received did not correspond with that, and while I accept SG’s explanation that it would be technologically impossible to match it exactly, nevertheless that does not remove or override the o...