Search Results

1. [2011] NZEmpC 34 Martin v Northland Education Trust Inc [pdf, 219 KB]

   ...NORTHLAND EDUCATION TRUST INCORPORATED Defendant Hearing: 28 February and 1 and 2 March 2011 (Heard at Whangarei) Appearances: Richard Harrison, counsel for plaintiff Stephen Langton and Ronelle Tomkinson, counsel for defendant Judgment: 14 April 2011 1. The plaintiff’s challenge to the Employment Relations Authority’s determination is allowed and the determination is set aside. 2. The plaintiff was dismissed unjustifiably by the defendant. 3. The...

2. [2006] NZEmpC AC 63/06 Whelan v Attorney-General for CE of the Children and Young Persons Service [pdf, 112 KB]

   ...Plaintiff AND THE ATTORNEY-GENERAL IN RESPECT OF THE CEO OF THE CHILDREN & YOUNG PERSONS SERVICE Defendant Hearing: 7 August 2006 (Heard at Auckland) Appearances: R Hooker, counsel for plaintiff S Dyhrberg, counsel for defendant Judgment: 16 November 2006 JUDGMENT OF JUDGE B S TRAVIS [1] In my judgment of 21 December 2004, ([2004] 2 ERNZ 554, “the substantive judgment”) I found the defendant had breached its contractual duty of care to avoid reaso...

3. Abernethy v Coughlan [pdf, 95 KB]

   ...appoint a site supervisor who actually controlled the construction operations, and that this was a breach of duty to the claimants that renders Mr Coughlan and Mr Humphrey personally liable. I accept Mr McLean’s submission that there are no judgments finding a director negligent and personally liable for omitting to appoint such a person. [98] In summary I find Mr Coughlan as the designer jointly and severally liable to the claimants in the sum of $60,310.86, as set out in...

4. [2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 409 KB]

   ...Hearing: Judge J C Holden Judge B A Corkill 9, 10, 11 and 15 March 2022 (heard at Wellington via Virtual Meeting Room) Appearances: C Patterson and A Reid, counsel for plaintiff P Cranney, counsel for defendant Judgment: 11 May 2022 JUDGMENT OF THE FULL COURT Introduction [1] Vulcan Steel Limited (Vulcan Steel) and the Manufacturing and Construction Workers’ Union (Christchurch) (the union) settled a series of collective employment...

5. Māori Trustee v Forde – Section 186 Block V Longwood Survey District (2013) 17 Te Waipounamu MB 152 (17 TWP 152) [pdf, 206 KB]

   ...Christchurch) 20 August 2012, 14 Te Waipounamu MB 156-259 (Heard at Invercargill) Counsel: Ms Bernadette Arapere, counsel for the applicant Ms Brigit O'Malley, counsel for the respondents Ms Desiree Mahy, counsel for the additional parties Judgment: 27 March 2013 RESERVED JUDGMENT OF JUDGE S F REEVES Copies to: Wackrow Williams & Davies, PO Box 461, Shortland Street, Auckland Attention: Ms Bernadette Arapere E-mail: bernadette@wwandd.co.nz AWS Legal, PO...

6. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...plaintiff P Muir and R Rendle, counsel for the defendant G Pollak and A McInally, counsel for the New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc P Cranney, counsel for the New Zealand Council of Trade Unions Judgment: 1 February 2016 JUDGMENT OF THE FULL COURT Introduction [1] The principal issue in this case is whether a particular provision in a collective employment agreement (the collective agreement) between The Northern...

7. YCAP - information sharing guide [pdf, 2.9 MB]

   ...share information safely and appropriately • know where to get more information and advice. 3 key points PROCEED WITH CAUTION When we make decisions about sharing information, we need to make sure we protect people’s privacy. Use your judgement. Think about what information you want to share, who you want to share it with and why you want to share it. REMEMBER – SAFETY TRUMPS PRIVACY You can share personal information without needing to get that person’s pe...

8. Tenants in Common of 19 Victoria Avenue v Easton Consultants Ltd [pdf, 37 KB]

   ...and are dismissed. 6.2 No other orders are made and no other orders for costs are made. NOTICE Pursuant to s.41(1)(b)(iii) of the WHRS Act 2002 the statement is made that if an application to enforce this determination by entry as a judgment is made and any party takes no steps in relation thereto, the consequences are that it is likely that judgment will be entered for the amount for which payment has been ordered and steps taken to enforce that judgment in accordance...

9. [2021] NZACC v Jones (5 August 2021) [pdf, 192 KB]

   ...AN APPLICATION TO RECALL DECISION BETWEEN CRAIG RICHARD JONES Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Appearances: Applicant in person D Tuiqereqere for the respondent Judgment: 5 August 2021 ___________________________________________________________________________ JUDGMENT OF JUDGE AA SINCLAIR [On Application for Recall of Decision by Accident Compensation Appeal Authority] __________________________...

10. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

    ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [27] More recently, the High Court has described a review by this Office in the following way:14 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinat...