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1. EMPC Effective representation in the Employment Court - perspective from the bench [pdf, 300 KB]

   ...complex arguments about refined legal points to factual disputes. Effective representatives in the Employment Court tend to share a number of common attributes, including technical ability, procedural competence, a persuasive manner, sound judgment and thoughtful tactics. They know the law, understand the importance of the facts and how to extract them to their client’s advantage, have a well-honed theory of the case and remain focussed on the key issues. Effective repr...

2. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...LIMITED (FORMERLY PRP AUCKLAND LIMITED) Plaintiff AND HILTON DOHERTY Defendant Hearing: 7 July 2008 (Heard at Wellington) Appearances: Chris Patterson, Counsel for the Plaintiff M F Quigg and Tim Sissons, Counsel for the Defendant Judgment: 15 August 2008 JUDGMENT OF JUDGE C M SHAW [1] This case is about the identity of Mr Doherty’s former employer. A company associated with the plaintiff has accepted that it employed him and is liable for redundancy a...

3. Gisborne District Council v Hautapu - Tatarahake No.1 (2015) 50 Tairawhiti MB 199 (50 TRW 199) [pdf, 213 KB]

   ...Second Respondent Hearing: 44 Tairawhiti MB 41- 43, dated 5 November 2014 46 Tairawhiti MB 199-218, dated 2 March 2015 (Heard at Gisborne) Appearances: Gordon Webb for Gisborne District Council Ross Revington for P Hautapu Judgment: 27 July 2015 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX Copies to: G Webb, Nolans, P O Box 1141, Gisborne R Revington, Woodward Chrisp, 77 Peel Street, Gisborne 50 Ta...

4. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

   ...obligations should not be imposed on real estate agents by the process of a Committee determination or a decision from us. [18] In covering the above themes, Mr Rea put it that a decision whether or not to disclose the fact of the suicide is necessarily a judgement call due to the substantial grey area that exists when dealing with such an issue. He notes that, on the one hand, there is the clear Rule 9.21 prohibiting disclosure of confidential personal information and, on the other, th...

5. Taurua - Te Tii Waitangi A (2016) 143 Taitokerau MB 117 (143 TTK 117) [pdf, 221 KB]

   ...AND BETWEEN TE HAPAE ASHBY Applicant Hearing: 121 Taitokerau MB 217-315 dated 19 and 20 November 2015 132 Taitokerau MB 170-171 dated 24 June 2016 143 Taitokerau MB 9-116 dated 2 and 3 August 2016 (Heard at Whangarei) Judgment: 20 December 2016 RESERVED JUDGMENT OF JUDGE D J AMBLER 143 Taitokerau MB 118 Introduction [1] These applications were last heard before me on 2 and 3 August 2016 in Whangarei. I had anticipated issu...

6. Sionetama - Puketapu E Māori Reservation (2021) 436 Aotea MB 273 (436 AOT 273) [pdf, 266 KB]

   ...Nohoanga: Hearing 23 April 2021, 431 Aotea MB 204-209 (Heard at New Plymouth) Kanohi kitea: Appearances Margaret Taylor, Peter Knuckey, Robert Taylor, in person Grant Knuckey, Pikikore Moore, Marama Sionetama in person Whakataunga: Judgment 31 August 2021 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] This application for the appointment of trustees to the Puk...

7. [2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd [pdf, 245 KB]

   ...BRYAN VEILLEUX EDWARDS Plaintiff AND LAYBUY HOLDINGS LIMITED Defendant Hearing: 31 July 2023 (Heard at Auckland) Appearances: L Anderson, advocate for plaintiff E Monsellier and S Climo, advocates for defendant Judgment: 3 November 2023 JUDGMENT OF JUDGE J C HOLDEN [1] In December 2020, Chad Edwards accepted a position with Laybuy Holdings Ltd (Laybuy). On 8 January 2021, however, before Mr Edwards started, Laybuy withdrew t...

8. Feaver v Accident Compensation Corporation (Leave to appeal to High Court) [2024] NZACC 51 [pdf, 230 KB]

   ...Applicant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ALLIANCE GROUP LIMITED Second Respondent Submissions: P Sara for the Applicant S Winter for the Second Respondent Hearing: On the papers Judgment: 26 March 2024 JUDGMENT OF JUDGE P R SPILLER [Leave to appeal to the High Court – s 162 Accident Compensation Act 2001] Introduction [1] This is an application for leave to appeal against a judgment of His Honour, Judge McG...

9. [2012] NZEmpC 124 Allen v C3 Ltd [pdf, 256 KB]

   ...Employment Relations Authority BETWEEN MARK ALLEN Plaintiff AND C3 LIMITED Defendant Hearing: 5 and 6 June 2012 (Heard at Auckland) Counsel: W Nabney and R Nabney, counsel for plaintiff M Sharp, counsel for defendant Judgment: 31 July 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] Mr Allen was dismissed by his employer, C3 Limited (C3), on 16 March 2011 for serious misconduct. He had earlier told his manager to “get fucked”, w...

10. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

    ...Authority BETWEEN CBA Plaintiff AND ONM Defendant Hearing: 13 August 2019 (heard at Wellington) Appearances: S Henderson and D O’Leary, counsel for CBA S Dyhrberg and M Joyes, counsel for ONM Judgment: 15 October 2019 JUDGMENT OF JUDGE B A CORKILL Introduction [1] On 29 November 2018, CBA as an existing employee entered into a settlement agreement with her employer, ONM. That settlement resolved claims made...