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1. [2021] NZEmpC 170 Oasis Network Inc v Douds [pdf, 249 KB]

   ...Authority’s determination [2] To set the scene it is necessary to summarise the findings made by the Authority giving rise to the non-de novo challenge brought by Oasis Network Incorporated (Oasis). [3] The employee involved, Ms Kathryn Douds, claimed she had been unjustifiably disadvantaged when a final warning was issued in circumstances that were neither fair nor reasonable on 5 February 2020, and that her employer, Oasis, failed to properly investigate concerns she had rais...

2. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   ...and November 2008, the defendant (Air New Zealand) overpaid Mr Foai, who was then on its payroll, a total of $70,428.04. The company now seeks to recover the nett amount of the overpayment which equates to $42,635.40. It was successful in its claim before the Employment Relations Authority (the Authority) and Mr Foai has challenged that particular determination. Mr Foai does not, at this point in time, dispute the overpayment but he maintains that he received his wages in good fa...

3. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...(b) working for a competitor whilst employed by Evo; (c) of his own volition assisting a competitor involved in litigation against Evo. [5] No other particulars are provided. It then pleaded that Mr Smith chose to ignore all requests to comply with the terms of the employment agreement and that his actions were deliberate and caused significant harm, “financial and otherwise” to Evo. No details of that harm are provided. Evo seeks a compliance order requiring...

4. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...of primary allegations remaining against LSG, it would be a difficult exercise to specifically isolate those attendances where one counsel was representing all three defendants with similar issues and interests. Mr Pollak’s suggestion of some form of percentage discount might be appropriate if indemnity costs were to be awarded. [21] As I have indicated, Mr Pollak has already conceded that a charge for subsequent attendances following the withdrawal of the proceedings against Mr...

5. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30 May 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

6. Brighton v Standing [2012] NZIACDT 43 (24 August 2012) [pdf, 126 KB]

   ...were further applications to Immigration New Zealand, and Victoria ultimately received a residence visa. As Mr Standing’s file has not been made available, the details of this part of the process, and his role, are not presently evident. Victoria requested an explanation from Mr Standing, including a breakdown of costs. He has not supplied it. 4 [22] The Tribunal does not have a copy of Mr Standing’s file; accordingly, there is no continuous record of what Mr Sta...

7. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...this conduct in litigation. Although the parties were given an opportunity to seek leave to join counsel as a party for the purposes of costs, the defendant elected not to do so. The Court commented 5 that, had the unsuccessful plaintiff’s former counsel been joined as a party for the purposes of costs, “he would have very likely faced a substantial order made against him personally”. McKean was a very unusual case as the judgment records 6 “for reasons in part connecte...

8. Defending a proceeding in the District Court

   ...judgment by default Defending a general civil proceeding – someone wants to recover money or settle a dispute A person who wants to recover money or settle a dispute with another person or organisation can file an application in a District Court. Claims worth more than $350,000 are dealt with in the High Court (except if Inland Revenue is the plaintiff or the claim is for unpaid rates). A person who starts a proceeding is the plaintiff and the person or organisation against whom a claim is m...

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9. RN v UM [2023] NZDT 60 (27 February 2023) [pdf, 98 KB]

   ...decided to remove herself from the hearing by disconnecting from the teleconference. Prior to the hearing UM had requested three witnesses be summoned by the Registrar. This was referred to me and I declined the request. The Registrar emailed UM to inform her of that decision and that a decision about witnesses would be made at the hearing. At the commencement of the hearing today UM raised this issue and was told again that witnesses may be summoned after I have heard from both parti...

10. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

    ...September 2005 for the sale could not be met and negotiations continued throughout September and October 2005. [27] On 29 September 2005, Mrs Olsen applied to Mr Peddie for leave without pay for a period in May and June 2006. Mr Peddie referred this request on to Mr van der Voort saying that he would “leave it for DMS 2005”. Mr Peddie explained to Mrs Olsen that he had done this because she would be employed by DMS 2005 by the time she wanted to take this leave. Subsequently...