Search Results

1. [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [pdf, 174 KB]

   ...Link (AVL); second, the Bay of Plenty District Health Board objects to evidence contained in the briefs of evidence filed by and on behalf of the plaintiff, Dr Mathews. Application for leave to call witness by AVL [2] Ms Wallace is a former human resources associate at the Bay of Plenty District Health Board and its relevant predecessors. Her evidence is clearly relevant to the matters in issue in these proceedings. [3] Ms Wallace has sworn an affidavit in support of th...

2. [2020] NZEmpC 80 Smartlift Systems Ltd v Armstrong & Anor [pdf, 216 KB]

   ...submissions. [9] Initially, the defendants’ opposition to the amended application for stay focused on the point that, prima facie, they were entitled to the money awarded by the Authority. [10] But it was also submitted on their behalf that requests had been made for SSL to make payment into a trust account; this had not occurred. Although the defendants could have enforced the sums they had been awarded, they chose not to do so until the interlocutory application was resolve...

3. Interim Common Claimant Funding Policy [pdf, 213 KB]

   ...outside the inquiry process, this is left to agency discretion and should be considered in light of Cabinet Office Circular 19(3) Better Co-ordination of Contemporary Treaty of Waitangi Issues. Funding of research costs Lead agencies will consider requests from claimants to fund research to support their claims. This will involve: • considering whether the research has a clear purpose • working with the Tribunal and claimants to identify the research topic, and • working with...

4. Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63) [pdf, 260 KB]

   ...expending significant time seeking to meet with owners, community members and WDC staff, had not been paid for their time. Mr Farrell indicated that the WDC might consider covering those costs given that the costs were incurred at the Council’s request. 116 Waiariki MB 67 [13] Accordingly, when nearly all matters relating to the lease negotiation were completed, Mr Olsen sought advice from the WDC lawyers with regards to invoicing the Council and then proceeded to invoic...

5. [2016] NZEmpC 68 Modern Transport Engineers 2002 Limited v Phillips. [pdf, 103 KB]

   ...telephone shortly beforehand. This followed earlier discussions. Prior to the meeting, Mr Annan asked the company’s accountant (Mr Flyger) to prepare a written employment agreement. The company has around 150 employees and uses a standard form agreement. For new employees the standard 1 Phillips v Modern Transport Engineers (2002) Ltd [2015] NZERA Auckland 254. form agreement contains a 90-day trial period provision. Th...

6. [2012] NZEmpC 43 CentrePort Wellington Limited v Maritime Union of NZ & Anor [pdf, 75 KB]

   ...confirm in response that the vessel would be worked on the evening of Saturday, 3 March 2012. No response was received to the solicitor‟s letter. The Maersk Aberdeen was due to be worked again on 3 March 2012 at 9.00 pm, but when the workers were requested to accept orders to start work on the Maersk Aberdeen, they again refused. The vessel remains in port pending the outcome of this injunction application. Submissions [10] There was no dispute about the requirements for an...

7. [2014] NZEmpC 216 Scarborough v Micron Security Products Ltd interlocutory [pdf, 72 KB]

   ...the Authority issued a determination on 11 June 2014. The determination held that the defendant in dealing with Ms Scarborough’s dismissal on the grounds of redundancy had breached its good faith obligations by failing to provide her with information relevant to the decision before it terminated her employment. Nevertheless, the Authority held that the redundancy was genuine. The defendant acknowledged that it did not comply with procedural fairness. As the dismissal was held...

8. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...• Ms MacDonald has been forced to obtain a distress warrant to secure payment of the amounts due to her with TKR Properties refusing to engage in correspondence in dealing with the Authority’s determination; • TKR Properties’ claim is flawed in law and inconsistent; it has only a “tiny likelihood of success”; • In the event Ms MacDonald successfully defends the challenge she will have incurred further debt and would face further difficulties in recovering a...

9. ZH v VL LCRO 149/2015 (20 July 2016) [pdf, 47 KB]

   ...officer does not provide a report or opinion; the matter is simply fast-tracked to a Standards Committee. [9] For completeness I would add that if a Standards Committee takes a different view and concludes that a response is necessary, it would request the lawyer complained about to provide one. [10] In relation to Mr ZH’s complaint, the legal standards officer did not ask Mr VL to provide any response. The complaint was referred directly to the Committee for consideration. The...

10. Peters - Oriwa 1B1 (2010) 8 Taitokerau MB 210 (8 TTK 210) [pdf, 66 KB]

    ...and Marie Tautari in support of the application. I also heard from Kayleen Mackey and Celia Maki in opposition. I then adjourned the application to chambers for Mr Peters to file further relevant documentation. I subsequently received that information together with a further submission from Kayleen Mackey and a letter from Ian Peters. [7] Kayleen Mackey and Celia Maki addressed the Court on why they opposed the occupation order. In short, aside from obvious personal differences...