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1. Property Ventures Limited v Parata - Ngarara West B3B (2006) 180 Aotea MB 15 (180 AOT 15) [pdf, 820 KB]

   ...of 22 December 2003, 134 Aotea MB 20, an application for an injunction on 15 September 2004, 144 Aotea MB 105 and an application per section 45 of the Act. Therefore the background to the land and its ownership need not be repeated here. At the request of counsel for the applicant, I have confirmed that the evidence and submissions from all the earlier proceedings shall form part of the record for the present case. It should be noted that the land, located close to Paraparaumu near...

2. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [pdf, 150 KB]

   ...company purchasing the motel. She advised them that they could not be directors. The sole director of the company was a person nominated by Ms Chen. The complainants did not meet this person, nor were they provided with his contact details when requested. He shares an address with Ms Chen.2 [10] In January 2015, the contract to purchase the motel lapsed. [11] Ms Chen obtained a visitor visa on 25 February 2015 for one of the complainants. An application for the other complain...

3. [2011] NZEmpC 51 Health and Body Clinic Ltd Ors v Zhao [pdf, 118 KB]

   ...the statement of claim that the Employment Relations Authority has attempted to force him and his wife to make good on payments from the company accounts after being advised months prior that the business had closed and had no funds. 8. I informed Mr Arnesen that I would reserve my decision on the matter as I wished to check a point relating to the Authority’s jurisdiction and that I would issue a judgment next week. Having now heard the submissions from Mr Arnesen I have revi...

4. [2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 245 KB]

   ...that no orders had been made by the Court, or the Authority, removing or transferring any matters from the Authority to the Court, or staying the Authority from continuing its investigation. It concluded that Mr Halse could not reasonably have formed the view that all matters were before the Court and that he was mistaken in this respect. [15] The Authority then considered the information it had been given and made further directions as to how the balance of the investigation wou...

5. [2006] NZEmpC WC 13/06 Griffith v Sunbeam Corp Ltd [pdf, 179 KB]

   ...Craig Dais. He, in turn, reported to the general manager, David Walker. In May 2003, Mr Walker left. Mr Dais was appointed as general manager. Mr Griffith then reported to the technical manager, Brent Forbes. [14] In April 2003, Mr Griffith requested 3 months’ leave from the end of May until the end of August that year. The request was approved. [15] There was some difference in the evidence of witnesses about the reason for which Mr Griffith sought this leave and for w...

6. 2017 Decisions of public interest

   ...constitutes important issue of law considered - important of law established -  application granted. [2017] NZEmpC 156 Coomer v JA McCallum and Son Ltd (Judgment of Judge K G Smith, 8 December 2017) COSTS – SUCCESSFUL PARTY – unjustified disadvantage claim successful at Authority – constructive dismissal claim dismissed – wages claim unsuccessful – successful party awarded costs but reduced to recognise partial lack of success – plaintiff achieved success only through lodging c...

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   1. Employment Court >
   2. Judgments >
   3. Decisions of public interest

7. Canterbury Westland Standards Committee No. 1 v Grave [2016] NZLCDT 8 [pdf, 62 KB]

   ...newspaper advertisement about the estate, he did not mention this fact to her. He said he had no instructions to do so. [15] Instead of recommending to Ms X that she obtain independent legal advice in relation to the matter, the letter simply requested her to sign a statement at the base of a copy letter, to be returned to Mr Grave, which acknowledged the payment received would be “in full satisfaction of any claim which I may or maynot have in the estate either now or at any tim...

8. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...letter, Mr GB advised that: (a) Mr KP was the original recipient of that letter. (b) Mr MY (then due to leave the firm’s employment in a couple of days or so) was out of the office using up accrued leave. (c) Mr KP contacted Mr MY and made request of him to draft a reply to Ms CT’s letter and he complied “in strict accordance” with instructions from Mr KP. (d) Mr MY saw his work as a preliminary draft only, so anticipated further drafts, but the letter was dispatched aft...

9. [2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull [pdf, 240 KB]

   ...about catching the virus. [12] Ms Faithfull asked a company director, Lyndal Angus, for time off so that she did not have to work while the ship was in Akaroa. Ms Angus, who was responsible for preparing work rosters, approved Ms Faithfull’s request for leave. Shortly afterwards lockdowns were introduced by the Government as a pandemic response followed by a wage subsidy. [13] The catalyst for the subsequent dispute between Ms Faithfull and the company was an email by...

10. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

    ...Appearances: B Buckett, counsel for plaintiff G Peploe and N Griffin, advocates for defendant Judgment: 14 March 2014 JUDGMENT OF JUDGE M E PERKINS Introduction [1] The plaintiff, David Dumolo, was employed as an Information Systems Support Level 2 Technician by the defendant, Lakes District Health Board (LDHB) at Rotorua Hospital and various ancillary sites from 21 September 2009. [2] Mr Dumolo is also an exponent and instructor in the martial art of