Search Results

1. [2011] NZEmpC 108 Auckland District Health Board v Bierre [pdf, 145 KB]

   ...circumstances during that period of employment. The email outlines to the occupational health nurse Ms Hlohovsky’s advice to Ms Bierre including Ms Hlohovsky’s intention to seek advice from occupational health. [12] Paragraph 53 is Ms Hlohovsky’s response to a comment by Ms Bierre in her brief of evidence that she was unaware why Ms Hlohovsky had suggested to her that she see an occupational health doctor. Ms Hlohovsky’s intended evidence is to answer that rhetorical quest...

2. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...essentially pursued his grievance against the plaintiffs to extract a pragmatic settlement from them despite knowing that they were not the correct plaintiffs. This submission appears to be supported by documentation filed in these proceedings, namely a response to the Authority prepared by Mr Rawcliffe dated 2 May 2011. There he says (in relation to the plaintiffs’ claim for costs) that: 41 The distinction between me...

3. [2009] NZEmpC WC 8/09 New Zealand Meat Workers and related Trades Union v Taylor Preston Ltd [pdf, 64 KB]

   ...Employment Court by filing proceedings on 20 September 2007. [9] In April 2008 the company offered union member employees the same pay rise as the individual workers on the condition that they agreed to withdraw the legal action in the Court. In response the union brought further proceedings in the Authority for a declaration that this offer constituted unlawful discrimination and/or preference. The union sought an order that the union member employees receive the same wage in...

4. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...he is not entitled to the payments, as he would have resigned at a later date if the representation was not made, thereby earning and receiving the incentive payments claimed. The present application [7] NCR has filed a statement of defence in response to the amended statement of claim. Specifically pleaded is expiration of the fourth claim by virtue of s4 of the Limitation Act 1950. NCR has applied for an order striking out the fourth claim. The grounds for the application are...

5. Murphy & Anor v CAC301 & Anor [2015] NZREADT 44 [pdf, 171 KB]

   ...the licensee knowingly misled Mr and Mrs Murphy and the onus is on them to that standard. Our Views [62] From our experience at endeavouring to assess the truthfulness of witnesses, we much prefer the evidence of the appellants and we find the responses, denials, and explanations of the licensee quite unconvincing. [63] The evidence can be assessed as that the complainants were not told by the licensee that another party had actually made an offer. Mr Bayley thought that the...

6. ENVC Hearing 6Oct14 WML evidence chief James Dilley [pdf, 122 KB]

   ...Environment Bay of Plenty. Previously, I was Deputy Harbourmaster at the Auckland Regional Council (later Auckland Council). In total, I have ten years’ experience as a harbourmaster and deputy harbourmaster. 4. With Auckland Regional Council, I was responsible for implementing the Port and Harbour Safety Code for the Auckland region and the 2008 Navigation Safety Bylaw review. I was involved in the initial consultation between the Auckland Harbourmaster’s office and Capta...

7. [2015] NZEmpC 224 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 143 KB]

   ...suggested that the reference to other physiotherapists being on contract was vague and that it was not clearly directed at Ms Pryce-Jones’ position. I do not accept that it can sensibly be read in this way. Ms Bomer was making it plain, in response to Ms Pryce-Jones’ query, that she would be on contract and that the amount of money Ms Pryce-Jones would earn would depend on how many patients she took on. Mr Wicks questioned Ms Pryce-Jones as to the way in which the final sente...

8. Mokena v Riwai Morgan Whānau Trust - Estate of Tamati Mokena [2014] Chief Judge's MB 314 (2014 CJ 314) [pdf, 183 KB]

   ...Chief Judges’ MB 328 regards to how the two different families are regarded in the present time in Motueka and the affairs of Wakatu Incorporation.” [75] When questioned further Dr Wilson conceded that the 1950 order was not solely responsible for how the descendants of Ranginui felt through the years, but submitted that it was a contributing factor. [76] He also conceded that the material disadvantage to the applicant’s family cannot be overlooked, and that the natura...

9. CAC20006 v Stevenson [2013] NZREADT 56 [pdf, 76 KB]

   ...re-listing form to Ms Beer as he had been in a conference in Masterton from 12 to 15 July and Ms Beer said she was going to hand it in. [26] He agreed that the listing was not put in until the offer was made. [27] Mr Stevenson also provided a typed response dated 1 November 2011. In this document he says that he provided an exceptional service to the Beers. He said that the two falsified documents were of no advantage to him. As set out above he claimed that the Commission Docum...

10. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

    ...writing that we would complete all issues relating to achieving final sign-off. Again, this was not a big issue, it was just to satisfy prospective purchasers that it was being dealt with – as we were not the vendor (and therefore automatically responsible).” 7 [27] In cross-examination by Mr Burn, Mr Smith mentioned that the actual construction work on the deck had started in October 2009. It comprises about 600 square feet in area and is 6 to 8 feet above ground level....