Search Results

1. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...its rejection of his explanation of his relationship with Mr Browne, the employer concluded that Mr Burtton should be dismissed summarily as he was on 25 June 2010. [8] Mr Browne was also told at a subsequent interview that the employer had statements from crew members alleging that they had seen him “do drugs”. Mr Browne denied these allegations. He was then given an opportunity to resign and did so fearing that if he did not, he would be dismissed. He says that in these...

2. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...been decided, there has been no breach of either the Collective or the Policy. There is thus, no need for any injunction as sought by the plaintiff. [54] After obtaining instructions, counsel were able to advise the Court, although without consenting, that declarations could be made in light of my indication of how I interpreted what I found to be the plain meaning of cl 3 in its entirety. Those are the declarations that appear at the commencement of my reasons for my judgment....

3. Recording Industry Association of New Zealand v Telecom NZ 3760 [2013] NZCOP 14 [pdf, 136 KB]

   ...account holder in the 5 April 2013 document (letter by the account holder). The Tribunal accepts the applicant’s submission that this letter was received too late to be considered. [16] This is a proceedings “on the papers”. The account holder consented to the proceeding being conducted in this way (email correspondence with case manager, dated 3 April 2013). Section 122L governs proceedings conducted in this way. It provides: (1) Proceedings before the Tribunal for an o...

4. LCRO 247/2015 TL v CS (19 July 2017) [pdf, 240 KB]

   ...attempts to serve him with a statement of claim, Mr CS phoned him to advise that he did not object. Mr CS disputes that he made this call. On 7 November 2014 and in subsequent correspondence, Mr CS’ lawyers informed Mr TL that Mr CS had not consented to Mr TL acting for Mr D and Mr H. [7] Mr TL continued to act for Mr D and Mr H and the matter was settled following a judicial settlement conference held on 22 May 2015. [8] The issue on this review is whether by acting for Mr D a...

5. Paul - Motatau 1B3A (2010) 11 Taitokerau MB 212 (11 TTK 212) [pdf, 130 KB]

   ...spoke of people living in a house on the land when, according to Mrs Paul, there is no house on the land. He challenged the right of Heneriata Weera’s descendants to the land and claimed to “know the whakapapa of everybody up here”, but his statements about whakapapa were not supported by others who attended Court. [14] In summary, Mr Tatana’s evidence was mistaken in respect of the history of the title to the land and otherwise drifted between being irrelevant, confused an...

6. [2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [pdf, 216 KB]

   ...recruitment within New Zealand. It follows that Tech 5 would ordinarily have borne these recruitment costs, sometimes referred to as “search costs”, had the candidates not been in the Philippines. Conclusions in this case [20] Arising from these statements, there are two requirements for a payment to be a premium for employment: (a) The payment is a condition for the obtaining of employment. The employment will not be obtained without making the prior payment. (b) Th...

7. Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu MB 97 (53 TWP 97) [pdf, 329 KB]

   ...await a trustee’s report and the filing of accounts. Those matters therefore remain ongoing and will be concluded following further hearing after the issue of this preliminary determination. [8] At the hearing on 11 December 2018, the parties consented to orders being made for succession in terms of the will. Oral submissions were concluded in relation to the succession application, and I adjourned for a preliminary determination to issue on the interpretation of the will. The...

8. King v Te Aretoa - Succession to Puti Green [2021] Chief Judges MB 132 (2021 CJ 132) [pdf, 408 KB]

   ...there is no requirement under the Act that land interests are gifted down the direct line of descent. I also granted the applicant and his daughter a month to further investigate the whakapapa ties between the beneficiaries and the land.2 With consent from 2 2019 Chief Judge’s MB 376-389 (2019 CJ 376-389). 2021 Chief Judge’s MB 142 the respondents, I adjourned the matter to allow the parties to consider the whakapapa evidence each held and come to an agreement on ne...

9. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...would be calculated and paid by Alliance; that there was a longstanding agreement that rates of pay incorporated payments for rest breaks; that there was no back pay component to that agreement; and that, with regard to a CEA agreed in 2012, a statement was introduced to record that all pay rates were “deemed to incorporate payment for rest breaks”. [29] Ms Van Kleef in essence made three points about this response to her request for documents.

10. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

    ...outside the specific times when IN was in hospital. IN was adjudicated bankrupt on 29 August 2018, three and a half months before the end of his primary period. However, whilst he was advised by the OA on 9 November 2018 that all new matters needed consent to proceed, this limitation arose at the end of the primary period. IN also could have sought earlier approval to proceed. More importantly, incapacity in this context requires specific roadblocks caused by physical or mental im...