Search Results

1. [2012] NZEmpC 146 Duffy v Ngatahi horticultural P/Ship [pdf, 101 KB]

   ...subsequently operated by Ngatahi in about 1995 when it was owned solely by Wakatu Incorporation. His evidence was that this was initially on a casual basis but that he became a permanent employee in about 1997. In 2005, when the Ngatahi partnership was formed, Mr Duffy was dismissed by Wakatu Incorporation on grounds of redundancy but was engaged shortly afterwards by Ngatahi. [6] Mr Duffy’s evidence was that he also became a permanent employee of Ngatahi, working consistently...

2. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...obtain any more than occasional casual work since his dismissal. The other relevant factor is that, although I have concluded that Mr Kaipara was suspended and then dismissed justifiably, CHH’s compliance with its obligations of good faith information sharing (and in particular under s 4(1A) of the Act) were less than they should have been and the result might not have been the same for the company had Mr Kaipara’s position been disadvantaged thereby. [4] The defendant seeks a...

3. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...days of this judgment. The plaintiff has 14 days to reply after that. [61] The Court is holding $6,000 as the plaintiff’s security for costs. $2,000 of this is on account of costs awarded by the Employment Relations Authority. Counsel are requested to address the disposition of this money in their costs submissions. C M Shaw JUDGE Judgment signed at 3.00pm on 15 August 2008

4. [2012] NZEmpC 173 Gilbert v The Attorney-General in respect of the CE of the Department of Corrections [pdf, 106 KB]

   ...parties but, the defendant says, Mr Gilbert’s conduct hampered significantly this endeavour and, in particular, he failed to provide the defendant with a summary of the total amount that he claimed was owed to him. The defendant says that this information was not provided until Mr Gilbert’s actuary’s brief of evidence was filed and, with respect to some of the information, not until the hearing itself. The defendant says that it was open to seeking resolution of the matter w...

5. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...and is to be held on an interest bearing account as security in the event the challenge is unsuccessful, with the proceeds to be paid out according to the judgment of the Court. [50] Costs on these two applications are reserved, at the request of the parties. Christina Inglis Judge Judgment signed at 12 noon on 15 March 2013

6. [2015] NZEmpC 142 First Union Inc v Jacks Hardware & Timber Ltd preliminary [pdf, 183 KB]

   ...We have discussed all of your claims. We believe we have provided clear and reasonable explanations of our position in relation to each claim.  Neither party requires further information to assist with resolving the collective. There are no requests for documents or information that remain unresolved.  In spite of these steps, We do not believe that these steps have led to us being any closer to resolving the collective. What is required is a fundamental shift in both part...

7. [2015] NZEmpC 208 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 130 KB]

   ...investigate whether Mr Farrimond, who ceased to be an employee of Caffe Coffee on 10 June 2014, had breached or continued to breach the terms of his employment agreement by establishing a competing coffee roasting business, had misused its confidential information and intellectual property, and had incurred excessive expenditure upon entertainment expenses. It sought injunctions restraining him, and also a penalty. 1 Caffe Coffe...

8. [2015] NZEmpC 158 Sealord Group Ltd v Pickering [pdf, 123 KB]

   ...2015) Counsel: P Kiely, counsel for the plaintiff A Sharma, counsel for the defendant Judgment: 17 September 2015 COSTS JUDGMENT OF JUDGE A D FORD Introduction [1] In my substantive judgment of 27 May 2015, at the request of the parties, I reserved the issue of costs. 1 Ms Sharma, counsel for the defendant, has now filed a formal application for an award of costs on behalf of the defendant, Mr Pickering. In summary, she seeks a 50 per cent contri...

9. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...those costs be fixed now. [4] The Authority adopted the reasoning in two previous and unrelated determinations justifying, as it said, “a higher than normal award of costs”. It said: [19] … The fixing of costs is an exercise to be informed by principle and there is nothing in the present factual matrix which would discourage the Authority from a significant costs award. Mr Lewis has chosen to persevere with a claim in the Authority which has put the Bank to significan...

10. [2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) [pdf, 171 KB]

    ...Belley responded by asserting that the Authority’s orders had been properly made, and that unpaid wages and holiday pay were due to Ms Sahrunphatcharakul. [9] Because of Ms Mahamai’s lack of participation in the process of the Authority, I requested a Good Faith Report so that I could resolve the question of whether the hearing should proceed on a de novo basis. Such a report was provided, with the Authority expressing its opinion that Ms Mahamai had failed to respond to bo...