Search Results

1. [2022] NZEmpC 36 Kang v Saena Company Ltd [pdf, 231 KB]

   ...establish: (a) there is a good arguable case; (b) the respondent has assets within the jurisdiction; (c) there is a real risk the property will be disposed of, or diminished in value; and (d) the balance of convenience and the interests of justice favour making the orders. Good arguable case [16] This application was heard urgently and without notice to any of the respondents. That means responses to the application have not been heard and, consequently, relies on Mr Kang...

2. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...($586.50). Accepting that there may be some increase in this if done by a third party, and assuming that OF will not want Mr G to do this work, I have made an additional allowance for this, rounded to $750.00. 32. OF made submissions about other matters for which I was unable to make findings. He presented other internet complaints made about Mr G. However, these did not relate to his contract, and I was unable to make inferences from these previous and uncorroborated accounts abou...

3. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

   PERFORMANCE CLEANERS ALL PROPERTY SERVICES WELLINGTON LIMITED v IOANA CHINAN NZEmpC WELLINGTON [2017] NZEmpC 152 [1 December 2017] IN THE EMPLOYMENT COURT WELLINGTON [2017] NZEmpC 152 EMPC 65/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for strikeout of challenge BETWEEN PERFORMANCE CLEANERS ALL PROPERTY SERVICES WELLINGTON LIMITED Plaintiff AND IO...

4. LCRO 34/2023 PI v SY (27 June 2024) [pdf, 253 KB]

   ...given to attempting to negotiate a settlement with the Board. [103] Mr PI responded to Mr SY with indication that he understood the rationale behind the approach that Mr SY was suggesting, but he emphasised that his desired outcome was to achieve “justice”. [104] After reflecting on matters, Mr PI agreed that the best approach would be to file a judicial review. He considered that a review by the High Court would, if a favourable outcome was achieved, expose the corruption that he...

5. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

   ...reinstatement. [3] Both parties accept the substantive determination of the Authority, however STKA has appealed against the remedies and in particular the order for reinstatement. The non-de novo hearing was restricted to those two matters. [4] Although it was argued for STKA that the Employment Relations Authority did not correctly decide the question of reinstatement, as this issue was reheard fully the only question is whether the Court should order reinstatement....

6. [2007] NZEmpC AC 10/07 X v Auckland DHB [pdf, 338 KB]

   X V AUCKLAND DISTRICT HEALTH BOARD AK AC 10/07 23 FEBRUARY 200 23 February 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 10/07 ARC 52/05 IN THE MATTER OF Personal grievances removed from the Employment Relations Authority BETWEEN X Plaintiff AND AUCKLAND DISTRICT HEALTH BOARD Defendant Hearing: 7-11 and 14-16 November 2005 20-21 December 2005 (Heard at Auckland) Appearances: Penelope Swarbrick and Kelly Rowell, Counsel for Plaintiff Bernard Banks and

7. 2017 NZSSAA 014 (20 April 2017) [pdf, 118 KB]

   ...12M to prevent the Chief Executive from then asking the Authority to consider any matter which may support the decision which is under appeal. Indeed, the thrust of the section is quite the other way: that the Authority is to consider all relevant matters. .. In short, there is no right of appeal against the reasons for a judgment, only against the judgment itself. … The duty of the Authority was to reach the legally correct conclusion on the question before it, applying the law...

8. BORA Non-Bank Deposit Takers Bill [pdf, 362 KB]

   ...non-compliance with the legislation. Cl 45 requires a trustee to disclose certain information to the Bank connected to the performance of a NBDT, and • cl 65 provides that it is an offence to disclose that the Bank has given a direction on certain matters or has issued a notice removing or appointing a director. The provisions above affect the transmission of information in different ways. Clauses 11 and 65 preclude the expression of certain information as to the status of a NBDT....

9. LCRO 238/2015 NS v LO (28 September 2018) [pdf, 152 KB]

   ...drawings as fanciful or exaggerated, and allegations made by Mr NS as bizarre and untrue. He feels Mr LO has taken Mrs NS’ side and acted against his interests. It seems Mr NS holds Mr LO responsible, at least in part, for his inability to resolve matters without going to court. [9] Mr NS wants this Office to find that Mr LO was conflicted and his conduct was unsatisfactory. Mr NS says Mr LO should be censured and directed to cease acting for Mrs NS and Mr KP, and for the partn...

10. [2024] NZEmpC 7 Amazonia Midco 1 Holdings Ltd v Harding [pdf, 222 KB]

    ...& M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. [8] In weighing the competing factors, regard will be as to the balance of convenience. Overarching consideration will then be given to the overall interests of justice. Analysis [9] I turn to consider the factors engaged in this case. Challenge rendered ineffectual if no stay granted? [10] The Authority determined that the settlement agreement was binding and enforceable on Mr Harding, Ziwi a...