Search Results

1. [2007] NZEmpC CC 28/07 B & D Doors Ltd v Hamilton [pdf, 77 KB]

   B & D DOORS LTD V HAMILTON CHCH CC 28/07 18 December 2007 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 28/07 CRC 4/07 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN B & D DOORS LIMITED Plaintiff AND RORY HAMILTON Defendant Hearing: Christchurch 11 and 12 June 2007 (Heard at Christchurch) Appearances: Tim McGinn, Counsel for Plaintiff F J Wall, Advocate for Defendant Judgment: 18 December 2007...

2. FF v WSC2 LCRO 23 / 2011 (27 September 2011) [pdf, 89 KB]

   ...village as VC, and the Applicant met her on a number of occasions when visiting his father. [8] The Applicant did not at any time ask VC whether or not she wished to proceed with the amendments to her will, and VC did not at any time mention the matter to him. Consequently, the instructions recorded by FG were not fulfilled. [9] Comments made by the Applicant at the review hearing did not give any indication that he had any reservations as to VC‟s capacity to make a new will. [...

3. [2021] NZREADT 8 - Complaints Assessment Committee 2001 v Sheldon (19 February 2021) [pdf, 198 KB]

   ...of this Act, a licensee is guilty of misconduct if the licensee’s conduct– … (b) constitutes seriously incompetent or seriously negligent real estate agency work [17] In Complaints Assessment Committee 2003 v Jhagroo, her Honour Justice Thomas said that:2 The words of s 73(b) must be given their plain meaning. Whether serious negligence or serious incompetence has occurred is a question to be assessed in the circumstances of each case. … the Tribunal is well pla...

4. KU & UE v TQ Ltd [2021] NZDT 1649 (28 October 2021) [pdf, 292 KB]

   ...dismantled the engine. Upon doing so, UU discovered that incorrect sized piston rings were present in various positions and one ring had been fitted upside down. 13. The Civil Aviation Authority (“CAA”) conducted an investigation into the matter. The CAA report appears to be based on the findings made by DT of UU. He concluded that the engine failed from oil starvation due to incorrect rings fitted to the pistons resulting in oil escaping into the combustion chambers and the engi...

5. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

   ...early stage he said that a judge could never be completely confident that something might not be useful, or that matters have been misperceived at the time when objections are considered:13 ... Judges do not lightly turn away from the seat of justice matters of “evidence” which one side would like to have before the Court. This leads to a sense of grievance on the part of plaintiffs that they have not had their full day in Court. [45] That is not to say that the objections...

6. [2011] NZEmpC 45 Bachu v Davie Motors Ltd [pdf, 78 KB]

   DANNY BACHU V DAVIE MOTORS LIMITED NZEmpC AK [2011] NZEmpC45 [20 May 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC45 ARC 73/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN DANNY BACHU Plaintiff AND DAVIE MOTORS LIMITED Defendant Hearing: By submissions filed by the defendant on 31 March 2011 and by the plaintiff on 6 April 2011 Judgment:...

7. [2015] NZEmpC 148 Lean Meats Oamaru Ltd v NZ Meat Workers Union [pdf, 98 KB]

   ...NZCA 317, [2010] ERNZ 317. 5 Referring to observations made in Vector Gas, above n 3, by Blanchard J at [14], Tipping J at [28] and McGrath J at [76]. [8] Counsel for the defendant, Mr Churchman QC, emphasised that four of the five Justices of the Supreme Court held that pre-contractual materials could be used as an aid for interpretation. He submitted that it was not necessary for there to be an ambiguity in the wording of a contract before the Court could refer to such...

8. [2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory [pdf, 99 KB]

   ...humiliation, loss of dignity and injury to feelings. v) Interest at five per cent on the wages, holiday pay and KiwiSaver contribution from 3 February 2015 until the date of payment. [2] The Authority also made some observations about final pay matters which it invited the parties to resolve by agreement, reserving leave to return to the Authority; and it reserved the issue of costs. [3] For the purposes of the application for stay an elaboration of the Authority’s reasoning...

9. Ogle - Mangamuka East No.1B No.1B (2015) 103 Taitokerau MB 284 (103 TTK 284) [pdf, 183 KB]

   ...the knee operation might ordinarily have been a sufficient ground to seek a rehearing notwithstanding that his letter to the Court did not expressly seek an adjournment. [30] However, I am not persuaded that a rehearing was in the interests of justice. Plainly each of the applicants had by the time of the hearing on 3 December 2013 accepted that occupation orders were a reasonable alternative to the partition proposal. In fact, it is not even clear that Rima Ogle wished to conti...

10. [2015] NZEmpC 221 Caffe Coffee (NZ) Ltd v Farrimond interlocutory [pdf, 154 KB]

    ...in breach of the requirements of the employment agreement after his termination of employment. It will be contended for Caffe Coffee that the Authority reached an incorrect conclusion on both issues, and that these are important and significant matters. [18] For Mr Farrimond, it is submitted that the challenge is relatively straightforward in that it involves a proper interpretation of the employment agreement, and then an application of the obligations of the agreement so constru...