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  1. [2025] NZEmpC 128 Isher Enterprises Ltd v Arushi [pdf, 243 KB]

    ...at [148] and [150]. 6 Employment Relations Act 2000, s 180. 7 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. 8 Employment Court Regulations 2000, reg 64. 9 Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129. 10 Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. 11 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (CA)...

  6. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

    ...years between the decision of the High Court being appealed and the determination of the  Court of Appeal.  18. Such  appeals  also  increase  the  costs  of  litigation  more  generally;  which  often  leads  to  unfairness to litigants in having to expend substantial resources to defend meritless appeals.    Regulatory Impact Analysis  19. The  following  options  for  regulating  appeals  from  interlocutory  matters  have  been...

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

    ...If you do venture down the interlocutory route, it pays to reflect on the overall strategy of the case and broader costs issues, weighing up what is likely to be achieved. Sometimes it is preferable to concentrate your client’s restricted resources on preparation for the hearing and in identifying, and pursuing, the points that really matter. Do not expect costs to be reserved on interlocutory applications. Keep the burgeoning level of costs under review to ensure that what...

  8. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

    ...assured of this, he approved the requested leave for both men. There is no suggestion of any party acting in bad faith in these interchanges. The plaintiffs attended and gave evidence at the Authority’s investigation meeting. [6] A NSTL human resources adviser subsequently considered that this was not an appropriate use of paid union leave. The company’s view was that employees absent from work to be witnesses in proceedings should take personal leave of some sort for the d...

  9. [2012] NZEmpC 204 Here v McAlphine Hussman Ltd [pdf, 140 KB]

    ...seriousness of the allegation, the possible consequences of an adverse finding, and of the right to representation. [16] Mr Here attended the meeting with his representative (Mr Campbell, who was the union delegate at the factory). Ms Van Es, the Human Resources Manager, was also present. Ms Van Es took notes, and assisted Mr Atkins in her capacity as human resources adviser. [17] Mr Here did not deny that he had uttered the words complained of, and nor did he (or his represent...

  10. [2015] NZEmpC 126 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 127 KB]

    ...what was then this draft affidavit not only did not allay its concerns but exacerbated them. In particular, she says that at para 4(a) of Ms Park’s draft affidavit the intended deponent indicated that she had searched LSG’s hard copy human resources files and provided documents to its counsel for inclusion in the schedule of privileged documents. [10] Counsel for the plaintiff are critical that Ms Park did not depose to when those searches had occurred, and the language used in...