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1. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...Further, and as Mr Brook accepted, he failed to take any steps to find alternative work after his termination. [64] Difficult issues also arose as to the extent to which delegates of the Council could be held personally liable for Mr Brook’s claims, which had accrued over a number of years, particularly in circumstances where they received instructions from their member organisations on how they were to cast various votes. I do not need to reach a concluded view on these matter...

2. [2014] NZEmpC 49 Patel v OCS Ltd [pdf, 117 KB]

   ...meeting took place with Ms Patel on 19 February 2013. Her representative also attended. Mr Virtue explained that the company was investigating the events of 11 and 24 January and that a disciplinary meeting might take place. It appears that three statements were provided at this meeting, from Ms Patel and two other staff members. In her statement Ms Patel stated that Mrs Vaifoou had told her that she would help with level 5 if she had time but that she told Mrs Vaifoou to focus on...

3. FT v O Ltd [2024] NZDT 693 (20 August 2024) [pdf, 132 KB]

   ...under an independent contract. She says she has not been paid her share of the commission due on the sale of [address]. 2. SI, the director of O Ltd, advised the Tribunal she would not attend the hearing, but she did provide a response to FT’s claim together with two witness statements. The absence of a party does not prevent the hearing from going ahead, and the evidence provided by O Ltd has been taken into account. Background 3. FT signed the contract in June 2023, to commence...

4. [2017] NZEnvC 118 Horowhenua DC v Manawatu Wanganui Regional Council [pdf, 187 KB]

   ...District Council [2013] NZEnvC 154 at [16]. 4 Outcome [16] !\ : ~\j~es\ reasons, the cost applications are both declined. B P Dwyer Environment Judge Appendix A Hokio A, Hokio PattA and Hokio Township Ahu Whenua Trusts Tax Invoice/Statement Invoice From: Hokio A, Hokio Part A and Hokio Township Ahu Whenua Trusts, Hokio Beach, Levin, P.O Box 181, 5540. DATE: 25/7/2016 Invoice Number: 201603 Mr B.P Dwyer J, Environment Court, Wellington. DESCRIPTION:...

5. [2021] NZEmpC 204 Ling v Super Cuisine Group Ltd [pdf, 200 KB]

   ...time period for filing a challenge to that determination ended on 12 May 2021.3 No such challenge was filed. Mr Ling’s application for leave to extend time was received on 15 June 2021 – a delay of approximately five weeks. [4] The draft statement of claim accompanying the application seeks to challenge, on a non-de novo basis, the Authority’s finding that Mr Ling was not constructively dismissed. Compensation of $50,000 pursuant to s 123(1)(c)(i) of the Employment Relati...

6. [2006] NZEmpC AC 73/06 CE Bay of Plenty DHB v NZ PSA [pdf, 75 KB]

   ...defendant union (“the PSA”) to pay to the Board $500 as a contribution to its costs in relation to a dispute. [2] The parties agreed that the matter could be determined on the papers by an exchange of submissions and on the basis of an agreed statement of facts. Background facts [3] The following is taken from the agreed statement of facts. [4] On 16 April 2004, the PSA filed with the Authority a statement of matter dated 14 April 2004. The PSA was seeking a determinatio...

7. [2021] NZEnvC 115 Te Whanau a Kai Trust v Gisborne District Council [pdf, 9.4 MB]

   ............................................................................................................... 2 Plan preparation requirements ......................................................................................... . National Policy Statements - Freshwater ................................................................ . New Zealand Coastal Policy Statement ................................................................... . F The position of the parties on the key iss...

8. FQQ Ltd v TJ [2017] NZDT 1044 (11 April 2017) [pdf, 124 KB]

   ...April 2017 Referee: Referee Wilson ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders: (a) YN is to pay FQQ Ltd trading as FQF Auto Parts $2,013.03 by 4pm on 26 April 2017. (b) FQQ Ltd trading as FQF Auto Parts’ claim against TJ is dismissed. Facts [1] FQQ Ltd trading as FQF Auto Parts (FQF), had given a credit account to TJJ Services Ltd (TJJ), which was guaranteed by TJJ’s sole director TJ. YN was an employee of TJJ. He purchased a number o...

9. [2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department [pdf, 217 KB]

   ...in that instance, the documentation entered into between the plaintiffs in that case and the joined labour hire entities was unclear.11 It is not asserted that such difficulties exist here; rather, the plaintiffs in this case acknowledge in their statement of claim that they entered into written agreements with Madison, styled as employment agreements. Disposition [26] I grant the application for joinder of Madison, the criteria of s 221 being made out. It is preferable to joi...

10. ND v VC LCRO 7 / 2012 (15 June 2012) [pdf, 74 KB]

    ...... is a total falsehood, I was never in contravention of this Act and interesting enough this Act was not even mentioned at the Disputes Tribunal hearing, by his client (A).” [6] He objected strongly to the Practitioner making false, groundless statements about his professional operations which had no substance, and making a threat. The Applicant said he felt sickened when he read the Practitioner’s comments and felt shocked that the matter might be referred to the Ministry when...