Search Results

1. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd [pdf, 374 KB]

   ...Temp and Mr Pitman were “concurrent wrongdoers”. The Authority should have concluded they were not “concurrent wrongdoers” and, therefore, could not be liable to pay the same sum in damages;10 (d) by not acknowledging that two distinct claims were involved in the proceeding – one for damages and the other for a penalty. [13] Advanced Personnel supported its claim that the payment was a penalty by attempting to illustrate the amount was reasonable. That was because, it s...

2. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...then considered whether there were any factors that warranted either a decrease or increase to that starting point. The Authority concluded that a $300 decrease was appropriate to reflect the fact that the plaintiff withdrew an age discrimination claim at the beginning of the investigation meeting and a disability discrimination claim during the investigation, thereby putting the defendant to unnecessary costs. The Authority increased costs by $1,500 in recognition of the defendan...

3. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...decision to end the courtesy van service. The decision removing that service, and to dismiss him for redundancy as a result, was made at a Club committee meeting on 26 August 2019.11 A resolution was passed that the van driving duties, which formed the bulk of Mr Butler’s work, would be carried out by volunteers and his paid position would be dispensed with. [12] Mr Butler did not have prior notice that the Club was considering dispensing with the courtesy van driver’s role...

4. CU v DN Ltd [2019] NZDT 1420 (9 September 2019) [pdf, 229 KB]

   ...fault with the brakes and the creeping were related to a defect in gear box. 15. In July 2018 the brakes still would not consistently bring the mower to a stationary position. The blades would not reliably engage or disengage when actioned. CU informed DN that exercised his right to reject the mower and requested a refund. 16. In August DN uplifted the mower and replaced the gear box for a second time. The mower was returned to CU in April 2019 and has not been used since.

5. [2017] NZEnvC 047 North Eastern Investments Limited & Heritage Lands Limited v Auckland Transport [pdf, 477 KB]

   ...necessary for Mr Maassen to attend at least part of the hearing because of the interrelationship of the NOR with the Land Use consent and the imminent hearing of the appeal relating to that consent. He reminded 12 the Court that on 23 February it requested Mr Maassen to attend Court on the following day. [51] Auckland Transport's contention is that if there is to be an award, NEIL's indemnity cost claim of $605,000 should be reduced by $105,000 to a starting point of...

6. [2023] NZEmpC 144 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 847 KB]

   ...accept this evidence since at least initially, they were job-sharing and it was therefore necessary for him to adhere to the same expectations. [66] In February 2001, a job description was developed for Mr Cronin-Lampe. He said this was at the request of Ms Crate. [67] The document commenced with the statement that the primary objective of a guidance counsellor was “to provide a counselling/guidance service for students, parents and staff who seek this regarding educ...

7. Ngataki v Kumete - Parish of Karaka Lot 64D (2016) 121 Waikato Maniapoto MB 184 (121 WMN 184) [pdf, 383 KB]

   ...nearly seven years. Furthermore that counsel for the marae trustees had indicated two years previously that settlement would be sought and nothing further had been heard. The Court advised that the application would be dismissed if there was no request to set the matter down for a fixture. 14 [26] In response Mr Matenga sought further time to advance negotiations in August 1999. The matter was called on 28 September 1999 and adjourned for a further 12 months. 15 [27] Betwee...

8. Steele v MSC 2018 Ltd (Referral back to Human Rights Commission) [2019] NZHRRT 25 [pdf, 238 KB]

   ...REPRESENTATION: Mr MJ Steele in person DATE OF HEARING: Heard on the papers DATE OF DECISION: 13 May 2019 DECISION OF CHAIRPERSON REFERRING COMPLAINT BACK TO HUMAN RIGHTS COMMISSION1 Introduction [1] By statement of claim filed on 13 May 2019 Mr Steele alleges he has been sexually harassed by employees of MSC 2018 Limited. [2] Attached to the statement of claim is a memorandum dated 11 May 2019 in which Mr Steele says the Human Rights Commission “has been...

9. Tenancy - Application for rehearing [pdf, 146 KB]

   TT - APPLICATION FOR REHEARING – 30/07/2019 Application for rehearing TENANCY TRIBUNAL When to use this form Use this form to apply for a rehearing in the Tenancy Tribunal. Important information When to file your application • You must apply for a rehearing within 5 working days after the date of the Tenancy Tribunal Order • If you are filing your application more than 5 working days after the date of the Order, you will also need to complet...

10. LT v GI [2024] NZDT 804 (25 September 2024) [pdf, 88 KB]

    ...cross-lease arrangements between them. 4. GI was reluctant to agree, but to give proper consideration to LT’s request, she/her lawyer did ask to see plans with respect to what it was LT was planning. 5. After those plans were submitted to GI, she informed LT she opposed the alteration. 6. In obtaining the plans, LT did incur some expense, and it is that expense ($13,000.00) that he is asking the tribunal to order GI to pay him. Decision 7. The parties are neighbours and...