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1. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

   ...terminated, they would look at supporting him to remain drug free. [83] The plaintiff’s managers sought more medical information. A series of questions were directed to Dr Powell. These questions were answered by Dr Souter in a joint email response on 3 November 2006. Their report confirmed that, given the defendant’s test result and his stated history and frequency of use, there was potential impairment of his ability to work safely and effectively in a safety se...

2. [2009] NZEmpC WC 6/09 Jesudhass v Just Hotel Ltd [pdf, 83 KB]

   ...plaintiff’s office at about 3.30pm that same day and told him that he was suspended and that he was to leave immediately. He gave him a letter which stated (reproduced verbatim): Dear James I was surprised that you did not respond directly to my email requesting you to attend a meeting within 24 hours. You have simply advised me that you have written to the mediation service. As I have already said to you, the proposed mediation date of 18 May 2005 (possibly) is too long to...

3. [2012] NZEmpC 211 Service and Food Workers union Nga Ringa Toa & Page v Sealord Group Ltd [pdf, 262 KB]

   ...output but was unable to do so. [10] Through its Assistant National Secretary, Neville Donaldson, the Union then sought a review of Mr Sowman’s decision. Following discussion with management, Mr Donaldson set out the Union’s submission in an email dated 20 April 2010: I am prepared to agree to disagree on the process and discussion to date and for the sake of getting this matter progressed I will restate the following for further consideration. This outline should not howev...

4. Guo v CAC304 & Ors [2015] NZREADT 35 [pdf, 258 KB]

   ...reached the matter will be referred to arbitration. Mr Guo says that, in doing so, Ms Dever-Young “threatened that she would take the claim to a third party for expensive arbitration if Harcourts was not willing to accept her demand”. However, the email correspondence between Ms Dever-Young and the Harcourts Henderson Heights branch manager shows that there was no such threatening behaviour but instead a robust commercial negotiation over a split of commission. 15 [81] M...

5. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn tracked [pdf, 718 KB]

   ...Waiheke Marinas Ltd Dated 23 September 2014 Richard Brabant/Jeremy Brabant Barristers Broker House, Level 2, 14 Vulcan Lane PO Box 1502, Shortland St Auckland City Ph: 09 309 6665 Fax: 09 309 6667 Email: richard@brabant.co.nz/jeremy@brabant.co.nz Introduction 1. My full name is Mark John Apeldoorn. My qualifications and experience are set out in my Evidence in Chief of 28 April 2014. 2. This statement of rebuttal eviden...

6. ENVC Hearing 6Oct14 WML rebuttal Mark Apeldoorn [pdf, 718 KB]

   ...behalf of Waiheke Marinas Ltd Dated 23 September 2014 Richard Brabant/Jeremy Brabant Barristers Broker House, Level 2, 14 Vulcan Lane PO Box 1502, Shortland St Auckland City Ph: 09 306 2900 / 09 306 2901 Email: richard@brabant.co.nz/jeremy@brabant.co.nz Introduction 1. My full name is Mark John Apeldoorn. My qualifications and experience are set out in my Evidence in Chief of 28 April 2014. 2. This statement of rebuttal ev...

7. ENVC Hearing 6Oct14 WML reply Mark Appeldoorn final [pdf, 717 KB]

   ...Waiheke Marinas Ltd Dated 23 September 2014 Richard Brabant/Jeremy Brabant Barristers Broker House, Level 2, 14 Vulcan Lane PO Box 1502, Shortland St Auckland City Ph: 09 309 6665 Fax: 09 309 6667 Email: richard@brabant.co.nz/jeremy@brabant.co.nz Introduction 1. My full name is Mark John Apeldoorn. My qualifications and experience are set out in my Evidence in Chief of 28 April 2014. 2. This statement of rebuttal eviden...

8. Pue v Kingi - Te Rununga o Ngati Maru (Taranaki) Whenua Topu Trust (2012) 291 Aotea MB 257 (291 AOT 257) [pdf, 227 KB]

   ...NZCA 268 291 Aotea MB 264 [29] Even so, the fact that the trustees continue to operate in a divided, haphazard and dysfunctional way remains of considerable concern to the beneficiaries and to the Court. One need only review the recent email traffic which is on the Court file between the latest group of appointees to the trust for evidence of hostility, friction and rancour. And it must be remembered that new trustees were added following the most recent election that were, i...

9. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

   ...simply chaotic, and that he had done little or nothing to prepare for the hearing before us, in the many months leading up to it. He told us he had left those matters to his counsel, apart from some searches the previous evening for telephone and email records in relation to the F matter. The latter resulted in a late affidavit from Ms F’s former partner Mr P, which as we have said was not tested because Mr Comeskey had by that stage pleaded guilty to the - 16 - charges. Mr...

10. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

    ...time MWL took some samples of the AFM membrane which were then sent to the USA for testing. There was discussion at that meeting about whether the membrane could have been part of a faulty batch. In September 2003 MWL received a letter (by email) from Protecto Wrap in Colorado USA which contained advice on the testing of the samples of the membrane that had been sent to them. The claimants did not see this letter until after their claim had been filed in the Tribunal. The le...