Search Results

1. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...reason given in the agreement for the fixed term was: …because the Account Manager role may need to change and the company wishes to be able to negotiate its requirement from scratch (including the make up of remuneration, nature of role and human resource requirements.3 [10] The Authority found, and I agree, that these reasons do not meet the requirements of s66 of the Employment Relations Act 2000 (“the Act”) which requires that the employer must have genuine reasons based o...

2. [2010] NZEmpC 30 Minhinnick V NZ Steel Ltd [pdf, 53 KB]

   ...required to be undertaken that Mr Minhinnick’s employment with the company was likely to be terminated. [13] Following the decision to dismiss Mr Minhinnick his union representative requested Mr Anthony Wright, the vice president for human resources and external affairs at the company to undertake a review of Mr Voigt’s decision. Mr Wright gave evidence by way of an affidavit dated 23 February 2010 sworn in Singapore. He was cross-examined during the course of the hearing b...

3. [2012] NZEmpC 120 McLeod v National Hearing Care (NZ) Ltd [pdf, 110 KB]

   ...by the Authority confirming that “the Section 88 Notice is clear and unambiguous as to its meaning and application.” In his conclusions under this head, counsel submitted: 21. It is submitted there is no merit in expending considerable resource and time in a challenge to the Authority’s determination which is primarily built around the interpretation of the Section 88 Notice. Response [14] Further submissions were filed in response and in reply. Mr McLeod submitted t...

4. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...the equation. Nor does the presence of junior counsel at the hearing for the defendant. Put another way, the case was such that it could have been handled reasonably by a local practitioner on his or her own, but no doubt with help from a well resourced client such as CHH. So reasonableness of fees is assessed in part on this basis. [41] Next, not only must no allowance be made for the company’s costs of unsuccessfully applying for an order for security for costs, but there sho...

5. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

   ...Services Limited. 13 June 2003 Paul McGreal, trading as Grael Sound, provides services as a sound recorder/engineer plus equipment to Television New Zealand. 9 February 2004 Paul McGreal has a discussion with Craig Morris (formerly a Human Resources Manager at Television New Zealand). April 2003 – March 2005 Grael Sound provides services as a sound recorder/engineer plus equipment to Television New Zealand. During the same period, Grael Sound also provides ser...

6. [2012] NZEmpC 173 Gilbert v The Attorney-General in respect of the CE of the Department of Corrections [pdf, 106 KB]

   ...disbursements incurred by Mr Gilbert were not proportionate to the result he achieved. Accepting that there is no absolute rule that costs must never be disproportionate to the money value of a judgment, she asserts that a comparison between the resource committed and the actual result is nevertheless appropriate. 7 Before the Court of Appeal judgment, she submitted the defendant’s actuary had calculated that the sum payable to Mr Gilbert would be between $41,000 and $48,000 (c...

7. [2015] NZEmpC 142 First Union Inc v Jacks Hardware & Timber Ltd preliminary [pdf, 183 KB]

   ...bargaining on 20 February 2015. Materially, this notice included the following provisions:  Jacks Hardware & Timber has been considering its position over the weeks since we last met. We have now invested a year of time and considerable resources in attempting to settle a collective agreement with you, FIRST Union.  Prior to today, we believed that there were some philosophical differences that represented road blocks to us concluding a collective agreement. In partic...

8. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...ultimately consumed five and a half days. Split hearing time was required, which would have increased costs. [12] It is apparent that the costs of two counsel have been included in the costs claimed as reasonable by Hapag-Lloyd. The level of resources applied in a particular case is a matter for each party. However, it is not a choice that is automatically visited on the unsuccessful litigant. The Court will need to be satisfied that the nature and circumstances of the case we...

9. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...without cost or with the ability to negotiate a cost-free outcome with the Bank. Indeed, the Bank made precisely that offer during the two year period that this matter has continued. [22] The Authority is satisfied that Mr Lewis would have had the resources and the opportunity to seek professional legal advice about the merits of his application and that that advice, if taken, would likely have confirmed the outcome Mr Lewis now faces. [5] Although not referring to the exact amou...

10. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

    ...transaction. 17 This transaction came to the attention of the Real Estate Agents Authority as a result of a complaint by the vendor, Geraldine James. 9 William Souter Street, Forrest Hill – Purchase of Property by Ms Li 18 On 3 May 2013, resource consent was obtained by Ms Li, allowing the property to be subdivided. 19 On 21 May 2013, Ms Li listed the property for sale with Barfoot & Thompson, and Mr Li was the listing salesperson. 5 20 On 20 June 2013, the pr...