Search Results

1. [2010] NZEmpC 81 Chen v NZ Sugar Co Ltd [pdf, 22 KB]

   ...Mr Chen, when I raised it again, he indicated that he would not then agree to a judicial settlement conference. I also note that in a minute dated 12 November 2009, Chief Judge Colgan directed that Mr Chen was to respond to the defendant’s request for a judicial settlement conference. That minute was followed by an email letter from Mr Chen to the Registry indicating that he did not agree to a judicial settlement conference. [10] In dealing with the memoranda I do not agree...

2. [2012] NZEmpC 71 Premier Events Group Ltd and Ors v Beatttie and Ors [pdf, 67 KB]

   ...decisions will follow later in a separate judgment. [2] I deal first with the application by BA Partners Limited (in liquidation and receivership) (BAPL) to strike out Anthony Regan’s affirmative defence in the nature of a set-off, which is in the form of an unjustified disadvantage personal grievance. I decline that application to strike out Mr Regan’s grievance. It was raised by the service on BAPL of Mr Regan’s grievance proceedings which were filed in the Employment Re...

3. [2009] NZEmpC AC 2/09 Lewis v Howick College Board of Trustees [pdf, 25 KB]

   ...place and to provide a concise and ordered list or index of those documents produced and make that available to the party seeking disclosure (see Reg 42(3)). [3] Relevance, however, provides a good ground for the refusal to disclose documents requested in the notice requiring disclosure. Relevance is defined in Reg 38(1) as follows: 38 Relevant documents (1) For the purposes of regulation 37 and regulations 40 to 52, a document is relevant, in the resolution of any proceedin...

4. [2009] NZEmpC CC 20/09 Industrial Services Nelson Ltd v Stewart [pdf, 23 KB]

   ...matter (CA 85/09) indicated to me that the plaintiff, Industrial Services Nelson Limited (ISNL), may not have participated in the Authority’s investigation of the matter in a manner that was designed to resolve the issues involved. I therefore requested from the Authority a report under s181 of the Employment Relations Act 2000 (“the Act”) giving its assessment of the extent to which the parties facilitated rather than obstructed the investigation and acted toward each other...

5. [2015] NZEmpC 133 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 89 KB]

   ...defendant’s original description of the documents to be disclosed to, and available for inspection by, the defendant as follows, using a similar but modified indexing system. a) Any and all relevant documents between Ms Alim and representatives of her former employers operating the business of Pacific Flight Catering through the companies of either Pacific Flight Catering Limited or PRI Flight Catering Limited including: (i) Any document, including emails, letters, file notes...

6. [2015] NZSSAA 032, 8 May [pdf, 26 KB]

   ...passing that the appellant also raised an issue relating to the Benefits Review Committee hearing. The appellant said that he was contacted about a` Benefits Review Committee hearing two days before he was due to leave on a trip for Australia. He requested that the hearing be deferred until he returned and he understood from the person he spoke to that this would occur, however the hearing proceeded on 8 September 2014 in his absence. The Ministry have advised that the appellant was fi...

7. Chaiyapoom v Hu [2015] NZIACDT 11 (26 February 2015) [pdf, 127 KB]

   ...full circumstances are set out in the substantive decision. The Parties’ Positions on Sanctions [6] Mr Hu provided submissions on sanctions. He said the employee was acting as an interpreter, so the Tribunal should not have found he failed to perform his services with due care, diligence, respect and professionalism. He also challenged the Tribunal’s findings regarding his failure to maintain professional business practices relating to finances and staff management. The submissions...

8. Steedman v Steedman – Owhaoko D6 Section 3 (2012) 20 Takitimu MB 230 (20 TKT 230) [pdf, 155 KB]

   ...rather as an investment and accordingly the legislative provisions relevant to the retention, utilisation and development of Māori land had limited application in the current circumstances. For completeness I record counsel’s submission of a request that a separate application by the trustees for a change of status of the land to General land be adjourned sine die. Case for the objectors [12] Both Steedman brothers oppose the application citing cultural and historic reasons an...

9. [2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs [pdf, 67 KB]

   ...the defendants in the sum of $16,500. [13] The defendants’ claim disbursements totalling $953.40 is made up of: 25.1 The transcription of the two disciplinary interviews ($717.60 in total); 25.2 Photocopying the Bundle at the Court's request and photocopying affidavits for the Court and WFA ($200.80 in total); and 25.3 Couriering documents to both the Court and Mr McBride during the course of proceedings ($35 in total). [14] Mr McBride responded stating that it was di...

10. ENVC Hearing 6Oct14 AT rebuttal Aut Karndacharuk [pdf, 120 KB]

    ...McIndoe nicky.mcindoe@kensingtonswan.com 4813737.3 In the Environment Court of New Zealand Auckland Registry ENV-2013-AKL-000174 Under the Resource Management Act 1991 (the Act) In the matter of a Notion of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Statement of Evidence in Reply of Auttapone (Aut) Karndacharuk for Auckland Transp...