Search Results

1. [2020] NZEmpC 175 O’Boyle v McCue [pdf, 612 KB]

   ...entries in the Red Book at the time. She produced these to the Court. Ms O’Boyle did not produce any records as may have been maintained by Mr Stone, or copies of payslips for that period. [68] From late March 2015, TYPL appears to have become responsible for processing payroll information for Ms O’Boyle. The Red Book system continued with Ms McCue recording her hours and leave. Red Book records from this time onwards were available to the Court. As before, Ms O’Boyle adv...

2. [2006] NZEmpC WC 25/06 Pars Transport Ltd v Lardelli [pdf, 23 KB]

   ...plaintiff stated that he would try and resolve the issue of costs with counsel for the defendant. [14] Mr Gowland has tried persistently to settle the issue of costs but has been frustrated in his attempts by the tardiness and lack of any genuine response to his proposals from counsel for the plaintiff. For this reason he submits that it is appropriate that an award of costs should be based on the defendant’s total costs which are: (i) Costs awarded by the Employme...

3. Teinakore 20 February 2014 NZSHD 2 [pdf, 28 KB]

   ...application is based on his relatively recent criminal conviction which is of a very unpleasant nature. [16] The applicant does not dispute any details of the Police objection nor does seek to support his application in any way. [17] The absence of a response from the applicant suggests to the Authority that the applicant has lost interest in obtaining a certificate. In the Authority’s experience, when applicants are keen to obtain a certificate so that they can continue in emplo...

4. Legal aid fixed fees schedule for the Employment Relations Authority [pdf, 500 KB]

   ...drafting of the Statement of Problem  liaising with parties to obtain information (e.g. WINZ, employer)  preparing application for legal aid and identifying prospects of success  raising personal grievance  receiving and considering response (if any) / following up any non- response  reporting to client  reporting to and invoicing for Legal Aid (include a copy of the personal grievance letter and response). Mediation (Refer to granting notes) Activity...

5. Banbury v Selkirk LCRO 47 / 2010 (2 June 2010) [pdf, 53 KB]

   ...rest home subsidy for the Applicant’s wife who by then required rest home care. [5] Offers have since been made by the Practitioner’s firm to compensate the Applicant but these have been rejected. Considerations [6] The lawyer who was responsible for the file in 2004 is no longer with the law firm. The Applicant clarified that his complaint was not against the Practitioner personally (who had himself not been involved in any of these matters) but rather that his complaint...

6. Darby Trust v Auckland Council [2012] NZWHT Auckland 52 [pdf, 56 KB]

   ...claims against them. [12] In closing submissions received from the Council, the legal effect of Mr Allen presenting Council with a producer statement in the name of the plasterer was raised. It had not been raised in either the Council’s response or its opening submissions. 4 [13] In its closing submissions, the Council raised the question of whether the presentation of the false producer statement was a novus actus interveniens which broke the chain of causation...

7. Eggers v Wellington City Council [2011] NZWHT Wellington 26 [pdf, 104 KB]

   ...deadline. On 21 February they advised Brooker that they were seeking further instructions. [10] Brooker sought further clarification on 24 February and 7 March 2011. The parties communicated by telephone on 8 March when it was agreed that a response would be provided by 5 pm. That afternoon Brooker was advised that the claimant consented to the removal. After further correspondence the claimant withdrew the claim. [11] Brooker says that between the 14 February 2011 and the d...

8. Abellera v Elizabeth [2019] NZIACDT 31 (13 May 2019) [pdf, 94 KB]

   ...instructions. Furthermore, Ms Elizabeth had no entitlement to the fee as the written contract did not comply with the Code. She was obliged to refund the full fee of US$3,600, but did not do so, in breach of cl 24(a) and (c). It was her personal responsibility to refund the fee. (3) In demanding the withdrawal of the complaint if a refund was to be provided and continuing to withhold the refund, Ms Elizabeth committed a gross breach of her professional duties in cl 1. This was...

9. Dowling v Jacobsen Creative Surfaces Ltd [pdf, 18 KB]

   ...commenced on 27 March 2008. My decision dismissing the claim was delivered on 17 April 2008. I now determine the applications by the first and second respondents for costs. I have considered the submissions filed by these respondents and the response from the claimants. 1.2 Section 91 of the Weathertight Homes Resolutions Services Act 2006 (“the Act”) provides that: (1) The tribunal may determine that the costs and expenses must be met by any of the parties to the ad...

10. Hamilton City Council.pdf [pdf, 268 KB]

    ...for example, this additional cost would amount to millions of dollars. 3. Offset or compensation matters should be required only where the residual adverse effects are significant and allowed to be staged over the duration of the consent in response to growing contaminant load, which may occur, for example, because of urban growth. 4. Amendments to Policy 12 b iv improve clarity. Policy 12 - Proposed new sub-clauses c (i) and (iii) c. When considering measures for offsett...