Search Results

1. [2018] NZEmpC 129 Secretary for Justice, MOJ v NZ PSA [pdf, 266 KB]

   ...which has included a ban on working overtime and working to rule by taking common tea breaks, and a ban on working outside normal standard hours of work or attending periodic weekly meetings. In addition, the CSOs have taken strike action in the form of the “lightning strikes”. These lightning strikes have been in the form of one- or two-hour strikes involving a total withdrawal of labour by CSOs during the period notified. The action has taken place at District Courts in Auc...

2. Legal aid disbursement policy review response - July 2012 [pdf, 317 KB]

   ...disbursement. Submissions No feedback was received on the incorporation of agents fees within fixed fees. The only feedback received related to obtaining prior approval for an agent’s fee, and timing issues that might arise for urgent requests for that approval. Our response In the new policy the cost of hiring agents will be managed through the existing fixed fee or through the agent’s legal aid rates. This is in line with criminal, family and civil (ACC) fixed fee cas...

3. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...they see fit. Reasons 1. HU and DU purchased an I Ltd [car] in July 2013. In August 2023 the vehicle required about $10,700.00 of transmission work. The vehicle had travelled about 112,000kms when this work was necessary. HU and DU were informed by the repairer that the transmission failed because all four tyres had not been changed at the same time during the life of the vehicle. Tyres on the vehicle that have different circumferences cause strain on AWD system and can lead...

4. Waitangi Tribunal - issue 46 of Te Manutukutuku [pdf, 2.9 MB]

   ...Director Fractionated Claims A s the demand for the resolutiou of claims through Treaty settlements increases, so too will the pressure on the Tribunal process increase. We have already seen an attempt to curtail the Tribunal process in the form of a Bill that proposes to stop the registration -of new c1aims and set a fi xed date for the completion of all claims. Although that draft Bill is unlikely to progress at this time, the pressure behind it will remain. Morris Love...

5. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...that it seemed likely that her relationship with the Master had become irreconcilably incompatible and that the breakdown was substantially attributable to Ms Ashby. [33] A meeting then took place on 24 September 2015, at which Ms Ashby again requested to be transferred to the second swing shift. [34] By letter dated 28 September 2015, NIWA Vessel advised that it did not consider a transfer to be a viable option, given that the crew she wished to be transferred to had worked w...

6. [2006] NZEmpC AC 53A/06 Graham v Crestline Pty Ltd [pdf, 26 KB]

   ...two-thirds but that the potential range, depending upon relevant circumstances might be in practice from 0 to 100 percent. [4] Crestline emphasises that whilst its legal costs are significant, so too were the litigation stakes. It says Mr Graham’s claims exceeded $480,000. The defendant says its solicitors had to file and serve an application for leave to file an amended statement of defence out of time; to file and serve an application and supporting affidavit to have Crestline...

7. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...the conclusion about notice of termination of Mr Hutchison’s employment. CNZL’s challenge was filed with the Court on 6 August 2014. [5] A Minute was then issued by the Court on 11 August 2014 as a result of the plaintiff’s statement of claim being unclear as to whether CNZL sought to challenge by hearing de novo or otherwise. That was because para 3 had indicated that the challenge related only to those parts of the Authority’s determination set out at [24]- [41] (inclusi...

8. AW Ltd v ZD Ltd [2014] NZDT 672 (9 June 2014) [pdf, 23 KB]

   ...breach the implied deadline and therefore breach the contract? [6] What damages, if any, is ZD Limited entitled to? Decision Did the contract include a deadline by which the work needed to be completed? [7] Both parties agree the contract was formed at a meeting on Monday 21 October 2013. They agree the job was urgent. ZD Limited was approaching the two months of the year when it did almost all of its business and it had no website. It had been working on a website...

9. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

   ...and joined to them. That power is in s 221(a) of the Employment Relations Act 2000 (the Act). [5] Although, as I have indicated, it was within the Authority’s power to add as a party Frank & Peter Builders Limited, even if with minimal formality, the Authority should not have deleted completely, including from the entituling to the proceedings in the Authority, Mr Schmidt and Ms Paul. The consequence of its doing so was to deprive Mrs Neill, at least temporarily, of her en...

10. [2008] NZEmpC WC 16/08 Wesley Community Action Trust v Dickson and anor [pdf, 25 KB]

    ...s178 of the Employment Relations Act 2000 (“the Act”) to remove Mr Dickson’s proceedings to this Court for hearing at first instance. [2] At about 5.30 pm yesterday the plaintiff, Wesley Community Action Trust (“the Trust”), requested the Court to consider urgently this issue on the basis of copies of proceedings filed with the Authority, exchanges of correspondence between the parties, and a covering letter to the Court. Mr Cullen, counsel for the plaintiff,...