Search Results

1. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...SPOTLESS FACILITY SERVICES NZ LIMITED Plaintiff AND ANNE MACKAY Defendant Hearing: 27 October 2016 (heard at Christchurch) Appearances: G Ballara, counsel for the plaintiff R Boulton, counsel for the defendant Judgment: 21 November 2016 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Ms Anne Mackay says she was constructively dismissed by her employer. She said she resigned in frustration because she felt she was being bullie...

2. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...Defendant AND DELOITTE (NO. 1) LIMITED (formerly known as DELOITTEASPARONA LIMITED) Third Defendant Hearing: 9–13 August 2021 Appearances: Plaintiff in person J Hardacre and D Findlay, counsel for defendants Judgment: 15 September 2022 JUDGMENT OF JUDGE KATHRYN BECK [1] Mr AlKazaz has brought a de novo challenges to two determinations of the Employment Relations Authority. The first determination found that a record of settlemen...

3. Ryang v Auckland Council [2011] NZWHT Auckland 21 [pdf, 282 KB]

   ...City Council & Ors (No 3) (Sunset Terraces);9 and Body Corporate 1889855 & Ors v North Shore City Council & Ors (Byron Avenue). [37] In Sunset Terraces, Heath J defined the duty of a local authority as follows:10 [220] In my judgment, a territorial authority owes a duty of care to anyone who acquires a unit, the intended use of which has been disclosed as residential in the plans and specifications submitted with the building consent application or is known to...

4. Ward v Maccol Developments Ltd [pdf, 194 KB]

   ...December 2006] which he said was relevant to a number of issues which were raised by the parties to the adjudication in their opening and closing submissions. The other parties were subsequently invited to file further submissions in relation to the judgment in the Dicks case and further submissions were subsequently filed by the First, Second and Third respondents in early April 2007. I believe those further submissions, together with the earlier closing submissions, helpfully ca...

5. [2021] NZEmpC 106 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 222 KB]

   ...compliance order and penalties BETWEEN PAUL MORGAN Plaintiff AND TRANZIT COACHLINES WAIRARAPA LIMITED Defendant Hearing: 13 May 2021 Appearances: G Clarke, advocate for plaintiff M Gould, counsel for defendant Judgment: 8 July 2021 INTERLOCUTORY JUDGMENT (NO 3) OF CHIEF JUDGE CHRISTINA INGLIS (Application for a compliance order and penalties) [1] The applicant, Mr Morgan, has been involved in a long running series of disputes wit...

6. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

   ...orders, cross-challenges and the format of pleadings. These are located on the Employment Court webpage (http://www.justice.govt.nz/courts/employment- court). The website also contains other useful information about the processes of the Court, judgments of the Court, and guidelines for appearances before the Court. Make sure that your pleadings comply with the relevant requirements. Check the timeframes for filing and comply with them. For example, a challenge must be filed wi...

7. [2020] NZEmpC 199 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 297 KB]

   ...Appearances: M O’Flaherty, counsel for Canterbury Westland Kindergarten Assoc Inc A Halse, advocate for Ms Barnes P Cranney, counsel for NZEI Te Riu Roa as intervener AL Russell, counsel for Secretary for Education as intervener Judgment: 19 November 2020 JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The key issue in this case revolves around the correct interpretation and application of a clause in a collective agreement. The clause relates to the ci...

8. [2024] NZEmpC 5 MGE New Zealand 2010 Limited & McKay Ltd v Campbell [pdf, 225 KB]

   ...CAMPBELL First Respondent AND JAYCEE ELECTRIX LIMITED Second Respondent Hearing: 18 January 2024 (Heard at Auckland by telephone) Appearances: D Grindle, counsel for applicants No appearance for respondents Judgment: 19 January 2024 JUDGMENT OF JUDGE M S KING Introduction [1] MGE New Zealand 2010 Ltd and McKay Ltd have applied without notice for search orders against Mr James Campbell, a former employee of the applicants, an...

9. 2022-02-11 Statement of Evidence of Rachel Ozanne dated 11 February 2022 incl appendices [pdf, 2.9 MB]

   IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Omnibus Plan Change - Plan Change 8, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA

10. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [pdf, 357 KB]

    ...the complainant’s consent to him acting. [92] If the Tribunal upholds the infringement in relation to the conflict, it is pointed out in mitigation that Mr Parker took great care to ensure compliance with the Code. His failure was an error of judgement, rather than deliberate contravention of his duties. The complaint had also led him to now be more risk averse in dealing with potential conflicts. They are a difficult issue and even experienced and careful professionals can be...