Search Results

1. [2009] NZEmpC AC 49/09 Norske Skog Tasman Ltd v Manufacturing and Construction Workers Union & Anor [pdf, 135 KB]

   ...protection to employees to whom subpart 1 does not apply if, as a result of a restructuring, their work is to be performed by or on behalf of another person and, to this end, to require their employment agreements to contain employee protection provisions relating to negotiations between the employer and the other person about the transfer of affected employees to the other person. 69OI Interpretation (1) In this subpart, unless the context otherwise requires,— … “employee p...

2. FIANZ-Submission.pdf [pdf, 13 MB]

   ...The Police did not pursue where the terrorist obtained steroid because they claim was not rele- vant evidence to prove the charges laid. It is directly relevant with respect to finding if he had others who assisted him. Given his strong steroid (or related substance) usage, he had to visit a doctor as noted by the RCOI. It is important to also note that the The Royal Commission stated “The possession and use of unprescribed testosterone and anabolic steroids are offences under...

3. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...WADE LEWIS v JPMORGAN CHASE BANK N.A. NZEmpC AUCKLAND [2013] NZEmpC 148 [8 August 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 148 ARC 75/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority IN THE MATTER OF interlocutory applications BETWEEN ROBERT WADE LEWIS Plaintiff AND JPMORGAN CHASE BANK N.A. Defendant Hearing: 30 July 2013 (Heard at Auckland) Appearances:...

4. Adams v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 013 [pdf, 452 KB]

   ...the appellant P McBride for the first respondent P White for the second respondent Judgment: 31 January 2023 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE [Work-related Gradual Process Injury ss 30 (2)– Accident Compensation Act 2001] ___________________________________________________________________________ [1] The appellant, Warren Adams was employed as a meat processing worker by the second re...

5. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...statement of reply, denying the claim, on 12 September 2016. [8] On 18 November 2016 the Tribunal made orders staying these proceedings. This followed advice from VUW that Dr Sawyer was challenging the validity of the Record of Settlement (as well as related matters) before the Employment Relations Authority (ERA). [9] On 16 December 2016 Dr Sawyer filed an application (disqualification of counsel application) seeking Mr GC Davenport be disqualified from acting as counsel for VUW,...

6. Fourth-UPR-Recommendations_FINAL_Redacted-v2.pdf [pdf, 616 KB]

   ...are already a party, as this is good practice. We would commit to officials providing advice on these topics and for relevant Ministers to decide whether to take any further action. 20. I propose we support in part recommendation 37 which relates to the application of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to the Cook Islands and Niue. CAT already applies to Tokelau, having been extended to that territo...

7. DL v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 178 [pdf, 395 KB]

   ...Whanganui-a-Tara Appearances: Mr A Beck for the applicant (via AVL) Mr J Coates for the respondent Judgment: 19 September 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Work Related Mental Injury - Section 21B(1)(b) Accident Compensation Act 2001] ____________________________________________________________________ [1] The issue in this appeal is whether ACC was correct in its decision dated 8 Oc...

8. [2012] NZEmpC 52 Maritime Union of NZ Inc v Ports of Auckland [pdf, 46 KB]

   ...safety issues. It also relates to a lockout notice which will take effect, if permitted to do so, from 6 April 2012. It is agreed by the parties that this issue will be dealt with this Friday 30 March 2012, commencing at 11am, on agreed terms relating to payments for the employees in the interim. [4] The third issue relates to a communication sent by the defendant on 23 March 2012 which makes reference to voluntary redundancies. The parties have also agreed that this matter wi...

9. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...stated that he is not seeking a hearing de novo. When a hearing de novo is not sought (which I will refer to for convenience as a non-de novo hearing), a plaintiff must specify the determination, or part of the determination, to which the election relates; any error of law or fact alleged; any question of law or fact to be resolved; and the grounds on which the election is made. And the Court must direct, in relation to the issues involved in the matter, the nature and extent of t...

10. [2023] NZEnvC 095 Country Lifestyles Limited v Auckland Council [pdf, 428 KB]

    ...at 782 Haruru Road, Wainui. The application for declarations was filed following the Council’s return of an application to amend the conditions of resource consent for an operational clean fill at the property. The Court’s decision in relation to the three proceedings In decision Country Lifestyles Ltd v Auckland Council [2022] NZEnvC 247 the Court determined the proceedings as follows: The appeal by CLL was dismissed. Mr Wedd’s application for declarations was decli...