Search Results

1. [2013] NZEmpC 97 Transpacific Industries v Harris and Green [pdf, 238 KB]

   ...clause which gives as its justification for preventing the employee taking up employment with a competitor on the grounds of his knowledge and skills acquired during his employment with the 23 AP 101/96, 9 May 1997, Gallen J presiding, Gendall J. 24 At 9. 25 [1993] 1 ERNZ 407 at 410. plaintiff, to one justifying the prohibition on the grounds of maintenance of confidential information, acquired during employment, said...

2. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...circumstances, the High Court has stated that whilst the Rules are to be “applied as specifically as possible”,44 they “are also to be applied as sensibly and fairly as possible.” The rules “are practice rules, not a legislative code”.45 [101] On balance, it is my view that the time it took Mr TL to provide a draft affidavit to Mr MC, and to advance Mr MC’s matter during this period, whilst “not exemplary”, does not call for a disciplinary response. (ii) Period...

3. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...42 “Employment Court of New Zealand Practice Directions”, above n 2, sch 4. Two claims for item 29; two claims for item 30; and one claim for each of items 27, 31 and 32. 43 Items 27, 28, 30, 31, and 32. 44 Items 29 and 30. [101] The plaintiffs submit that the correct figure for the joinder application was $6,448 on a 2B basis. The plaintiffs also submitted that no allowance should be made in respect of the representative claim, although the plaintiffs’ failed in...

4. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

   ...evidence presented to the court. [100] However, we are satisfied to proceed on the basis that the Council could grant an exemption under the Act if in the future a liability ever arose under these rules. Should there be further consultation? [101] Leave was also granted on the question of whether there had been adequate consultation in relation to the proposed amendments, while noting in our decision that: (a) the modified form of relief we were considering was within the scope...

5. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

   ...to give them a reasonable interpretation which accords with what in our opinion must have been intended. [38] The next relevant decision is Heatons Transport (St Helens) Ltd v Transport and General Workers’ Union [1973] AC 15 where, at pp100-101, the House of Lords stated: … trade union rule books are not drafted by parliamentary draftsmen. Courts of law must resist the temptation to construe them as if they were; for that is not how they would be understood by the members who...

6. Fruean v Knuckey - Waitara West 52D (2023) 475 Aotea MB 284 (475 AOT 284) [pdf, 371 KB]

   ...and general land owned by Māori, and the effective use, management, and development of that land on behalf of the owners. In so doing, I am also directed to promote practical solutions to problems arising in the use or management of any land. [101] On balance, and again with some regret, I have come to the conclusion that Grant’s removal is both advisable and prudent for the proper execution of this Trust. My reasons are as follows. [102] I infer from Grant’s response to a nu...

7. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...respond to Immigration New Zealand. [10] The Registrar alleged Mr Tan engaged in dishonest or misleading behaviour, which is a ground for complaint under section 44(2) of the Immigration Advisers Licensing Act 2007 (the Act). The particulars were: [10.1] That in a series of communications with the complainant Mr Tan dishonestly provided misleading information in that: [10.1.1] On a number of occasions, he informed the complainant his application was pending, when in fact Immigration...

8. Kek, Bayley, Bayleys Real Estate Ltd v CAC409 & C & S Morris [2019] NZREADT 26 (20 June 2019) [pdf, 278 KB]

   ...The description of the supervision structure set out above does not indicate any personal oversight by Mr Bayley of Ms Kek, or any of her work. 10 Wang v Real Estate Agents Authority [2015] NZHC 1011, at [36]. [91] We referred earlier to the previous disciplinary decisions against Ms Kek. It appears that at the time she listed and marketed the property, Ms Kek would not have been engaged at the Agency for more than six months....

9. IJ v KL LCRO 190/2016 [pdf, 219 KB]

   ...that he does not invoice clients for fees in advance. 18 [100] I have no reason to doubt Mr IJ’s word on this. My impression is that he has taken responsible steps to address issues of compliance, such as seeking accounting advice. [101] The difficulty arises with fees that are paid on behalf of a client, by an employer, as a contribution towards a client’s legal costs. This arose in Mr KL’s case and I accept (and am indeed aware) that this is a common practice in empl...

10. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

    ...[100] Mr Peters, on behalf of the fourth respondents, submitted that there have been significant and unreasonable delays by the claimant in having her house repaired. It is argued that Ms Philpott has failed to mitigate her losses. [101] Having dismissed the claims against both fourth respondents, the issue of the failure to mitigate is no longer of any relevance to them. However, the arguments made by Mr Peters have been adopted by Mr Jones, who was at the hearing self-...