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...Relations Authority BETWEEN XYZ Plaintiff AND ABC Defendant Hearing: 11 April 2017 (Heard at Wellington) Appearances: P McBride, counsel for plaintiff S Hornsby-Geluk and A Espie, counsel for defendant Judgment: 12 April 2017 JUDGMENT OF JUDGE CHRISTINA INGLIS Introduction [1] The plaintiff holds a senior position in a public sector organisation. She has been suspended from her employment pending an investigation int...
...threshold issues. [38] It is well established that what is a “determination” is to be interpreted broadly. Section 179(5)(a) reflects that determinations can include procedural decisions that might be termed elsewhere either as interlocutory judgments or minutes.3 [39] The way in which a document from the Authority is described is not determinative of whether it is a determination.4 [40] Here, there are two documents, described as “Minutes”. But they resolve conteste...
...Defendant Hearing: 5 and 6 November 2007 (Heard at Auckland) Appearances: Garry Pollak, counsel for plaintiff Helen White and Simon Mitchell, counsel for first defendant Second defendant in person Penny Swarbrick counsel as amicus curiae Judgment: 13 December 2007 JUDGMENT OF JUDGE B S TRAVIS [1] The Court must determine whether and in what manner particular contractual provisions will affect the way in which the plaintiff employer deals with the competing...
...MARLEY NEW ZEALAND LIMITED Defendant Hearing: 8 April 2008 Supplementary submissions received on 10 and 16 April 2008 (Heard at Auckland) Appearances: J A Wilton, counsel for plaintiff R L Towner and C Abaffy, counsel for defendant Judgment: 3 June 2008 JUDGMENT OF JUDGE B S TRAVIS Introduction [1] The plaintiff union has challenged a determination of the Employment Relations Authority, issued on 26 June 2007, which found that the defendant’s employees we...
...COFFEY Plaintiff AND THE CHRISTCHURCH PRESS, A DIVISION OF FAIRFAX NEW ZEALAND LIMITED Defendant Hearing: 12 June 2008 (Heard at Christchurch) Appearances: J A Wilton, Counsel for Plaintiff Raewyn Gibson, Advocate for Defendant Judgment: 24 July 2008 JUDGMENT OF JUDGE B S TRAVIS [1] Mr Coffey was dismissed from his position as a sports journalist with the Christchurch Press newspaper (“The Press”) after swearing at the sports editor in a heated momen...
...it must be borne in mind that it is a significant step to deprive a person of a licence or status. However, the primary consideration is the principle that the Court must be satisfied objectively that the candidate is a fit and proper person. The judgment of the Court is to be made in the interests of the community having regard for the legal profession. [17] We accept that this principle is equally applicable to licensing decisions under the Act which is a piece of consumer legislat...
...the defendants. [16] The view expressed by the Crown lawyer supports Ms WS’s position. There is good reason to accept it and no reason not to. The question of severance was one for Ms WS to answer based on the exercise of her professional judgement. That judgement was not plainly wrong. I therefore accept that no conduct issue arises from Ms WS not having made an application for severance. [17] The material that has been provided as part of the complaint and review also suppo...
...DATE OF HEARING: Heard on the papers DATE OF DECISION: 1 December 2016 DECISION OF TRIBUNAL ON PLAINTIFF’S RECUSAL APPLICATION AND ON DEFENDANT’S REQUEST FOR PARTICULARS 1 [1] In this decision the Tribunal: [1.1] Declines Mr Brown’s application that the Chairperson be recused from participating in these proceedings. [1.2] Requires Mr Brown to provide full particulars of his case against New Zealand Post Ltd (NZ Post).
...MAHARAJ Plaintiff AND WESLEY WELLINGTON MISSION INCORPORATED Defendant Hearing: 7 September 2016 (heard at Wellington) Appearances: G Bennett, advocate for the plaintiff M Dearing, counsel for the defendant Judgment: 27 October 2016 JUDGMENT OF JUDGE K G SMITH Introduction [1] The plaintiff, Mr Ashish Maharaj, has challenged a determination by the Employment Relations Authority (the Authority) in which his claim against Wesl...
...INCORPORATED Plaintiff AND NEW ZEALAND TRANSPORT AGENCY Defendant Hearing: 28 and 29 March 2017 (heard at Wellington) Appearances: S Meikle, counsel for the plaintiff G Cain and M Ward, counsel for the defendant Judgment: 12 May 2017 JUDGMENT OF JUDGE B A CORKILL Introduction An interpretation problem [1] The parties are in dispute as to the interpretation of a remuneration section which was contained in a series of collectiv...