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  1. [2021] NZEmpC 145 WN v Auckland International Airport Ltd [pdf, 182 KB]

    ...in which a document is described by the Authority is not determinative. A minute of the Authority can, as she points out, contain a determination which is susceptible to (for current purposes) a stay.1 The key issue is substance, rather than form. I am prepared to accept, for present purposes and in the absence of full argument on the point within the timeframes available, that a direction to mediation can be the subject of a stay for the purposes of s 159 (and s 179). 1 See...

  2. [2023] NZEmpC 73 E Tu Inc v New Zealand Steel Ltd [pdf, 173 KB]

    ...the second determination but says E Tū is out of time to challenge the first determination. The dispute concerns cl 80.6.1 of the collective agreement [5] Clause 80.6.1 of the relevant collective agreement provides:4 Where an employee is requested to work outside his/her established or ordinary hours of work and as a result is unable to complete his/her ordinary hours of work, he/she shall be paid make-up pay for those lost ordinary hours, paid at expected weekly/hourly earn...

  3. [2012] NZEmpC 79 Premier Events Group Ltd v Beattie [pdf, 248 KB]

    ...Te Kura Kaupapa Motuhake o Tawhiuau v Edmonds, after a discussion of the statutory language and the parliamentary history, the Court noted that because getting to the dispute resolution process is a key aim of the Act, “less rigidity and less formalism are guidelines in interpreting provisions in Part 9 including the requirement to raise a personal grievance.” 4 [7] That general approach is reflected in two judgments which, although decided under the Employment Contracts Act...

  4. [2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [pdf, 185 KB]

    ...summarised as follows. [4] The Labour Inspector pursued a claim in the Authority for unpaid annual holiday pay on behalf of Mr Costa, who had worked for the defendant company as a mechanic for just over three years. The Labour Inspector had earlier requested wage and time (including holiday and leave records) from the company but without success. The claim was set down for an investigation meeting. No statement in reply was filed. Mr Reynolds, the sole shareholder and director o...

  5. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

    ...importantly in this case, the practitioner has failed to read, or at least to comprehend, the requirement in the letter of instruction, that she must have professional indemnity insurance. Nor did she note that holding such insurance was an undertaking forming part of the solicitor’s certificate signed by her. As a result of her carelessness, she gave a false undertaking. [28] The practitioner suggested in submissions on penalty that the value of her assets meant that she wa...

  6. Cooper v Hamilton Pharmacy 2011 Ltd (Application for Non-Publication Orders) [2017] NZHRRT 34 [pdf, 388 KB]

    ...sensitive information about Mr Cooper’s health and related matters, an order is made that there is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. Mr Cooper and the defendants are to be notified of any request to search the file and given opportunity to be heard on that application. [46] In view of the fact that Mr Cooper has review and appeal rights a direction is made that this decision not be released for publication until the time for appea...

  7. [2019] NZEmpC 141 Savage v Wai Shing Ltd [pdf, 484 KB]

    ...directors, Franklyn Wai Shing. Urgency has been granted in respect of that proceeding, and it is set down to be heard on 17 October 2019. [5] At about the time Mr Savage sought a compliance order from the Authority, WSL asserts that it received information from a co-worker who said Mr Savage had made seriously derogatory and racist comments to that co-worker about Mr Shing. It sought information from Mr Savage about these remarks, via his lawyers, and now wishes to pursue a di...

  8. Lee v CAC 10048 & Cho [2012] NZREADT 65 [pdf, 62 KB]

    ...In early January 2011 Mrs Lee executed another Sole Agency Agreement with Barfoots which showed a listing price of $745,000 and search indicators between $660,000 and $740,000. 3 [6] Mrs Lee was also concerned as Mr Cho was [at the request of her solicitor] providing information to Mrs Lee’s mortgagees about the sale process in order to stave off a mortgagee sale. Mrs Lee was surprised and concerned to receive a verbal offer from a vendor who said that he understood tha...

  9. Hawke v ACC [2012] NZACA 10 [pdf, 375 KB]

    ...decision. Costs were awarded under the Regulations and appeal rights were given to the District Court. [9] On 8 February 2006, a notice of appeal was filed with the District Court and on 12 April 2007, the appeal was withdrawn at the appellant's request. [10] On 12 March 2010, after consultation with the Corporation, the Authority issued a practice note concerning, inter alia, the jurisdiction of the Authority to hear and determine appeals against the decision of the Corporation ma...

  10. [2008] NZEmpC CC 5C/08 Vice-Chancellor of Lincoln University v Stewart [pdf, 46 KB]

    ...such a submission with considerable caution. An investigation by the Authority may give the parties insights they did not have prior to that process or lead to a compromise they did not anticipate. In this case, however, Mr Jones very candidly informed me on behalf of the plaintiff that, if the Authority ordered reinstatement, the plaintiff would challenge the determination. In a similar vein, Mr Cranney informed me of his instructions that, if reinstatement was not ordered, the...