Search Results

1. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...the employment relationship problem which has existed between them for the last several years not be made public. These proceedings will therefore be subject to an order prohibiting the publication of the names of the parties or of any other information which might tend to identify them. Consistent with that order, this judgment will simply refer to the parties as “the applicant” and “the respondent”. [3] The applicant lodged an initial statement of problem wit...

2. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...deal with this role comparison which pervades a number of the Commission’s different submissions. I accept that the nature of the work undertaken in this particular case by Messrs Best and Scott was not the same as that which they usually performed. However, they remained in the employment of the New Zealand Fire Service, their individual terms and conditions of employment were varied to take account of the temporary position, and that it was implicit in their doing so that upo...

3. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...called by the plaintiff, and which is challenged, will be determined. The starting point as always is the pleadings, the most up to date statements of claim and defence. Ms Coy’s case consists of a number of personal grievances against her former employer. These include unjustified disadvantage in employment and unjustified constructive dismissal. A constructive dismissal is a resignation or abandonment of employment but which is alleged to be, in reality, a termination of emp...

4. Regulatory Impact Statement Managing the cost of legal assistance in the justice sector [pdf, 200 KB]

   ...children in care of children cases, and is funded through the court (rather than through legal aid). Lawyer for the child services need to be addressed both because of fiscal pressures and the importance of maintaining parity between the different forms of government funded legal assistance. These changes represent a first step in further work that is required to review the efficiency of Family Court services. Problem definition 11. Chart 1 sets out historical and forecast expenditur...

5. McMeeken and Anor v CAC306 & Ors [2015] NZREADT 79 [pdf, 224 KB]

   ...the auction and said it was illegal. It seemed to be then known that he was the domestic partner of Ms Wardell. [9] Ms McMeeken met with Mr Thow and the auctioneer. As Mr Thow left, he handed Ms McMeeken a piece of paper that turned out to be a form of trespass notice which purported to forbid the agency, or any of its agents or managers, from entering on to the property. The trespass notice disclosed Amanda Wardell as the occupier, together with Sims Aviation Ltd as a lessee of the...

6. Taurua - Te Tii Waitangi A (2015) 117 Taitokerau MB 260 (117 TTK 260) [pdf, 232 KB]

   ...decision by the respondent trustees at the meeting on 21 September 2015 (which discussed Ms Tito’s complaints about her dealings with Ms Paora) that Ms Tito simply pay a koha for the marae booking rather than follow the charges guideline which forms part of the Operations Manual. In my view, the respondent trustees risk adopting ad hoc charges for use of the marae when, quite properly, the Operations Manual and other policies set in place transparent and apparently realistic charge...

7. Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) [pdf, 253 KB]

   ...and the remaining Carroll children from his marriage to Margaret Daniels should be excluded from having any interest in this land. Clause 7 of the will was intended to apply to the remaining freehold land and personal assets of the deceased. We request that the order be amended to reflect the true intention of the deceased and the blocks transferred under order 129 SI 37-42 in terms of clause 7 of the will be redistributed in terms of clause 3 of the will. [7] The schedule attached...

8. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...alleged to have been said at the mediation, until further order of the Court. That order was made under cl 12 of schedule 3 to the Employment Relations Act 2000 (the Act). [3] Following receipt of the defendant’s supplementary submissions, an informal application was received from the Chief Mediator of the Labour Group, Ministry of Innovation, Business and Employment, seeking to make submissions on the matter of mediation confidentiality. The parties were invited to advise the...

9. Tukapua v Taueki - Horowhenua Block 11 (2012) 278 Aotea MB 172 (278 AOT 172) [pdf, 163 KB]

   ...could not attend trustee meetings since he lived in Fielding. While he was prepared to do so he could not justify payment of travel costs without the guarantee of reimbursement from the trust, as had already been agreed by the trustees. This request does not seem unreasonable and I would therefore expect any trustee’s reasonable travel costs to attend the meeting to be met. [53] It seems perverse that the trustees cannot seem to undertake something so simple as meeting together...

10. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

    ...Robinson showed no surprise by this turn of events and indicated that he had realized that it would come this. Mr Wilton says that he handed Mr Robinson a pre-prepared letter advising of his dismissal as he was leaving, telling Mr Robinson that it formalised what had been discussed. [16] Mr Robinson accepts that he received the letter. It stated that: Dear AJ I have recently spoken with your ACC Case Manager,… who informs me that there is no end in sight to your re-h...