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1. [2015] NZEmpC 120 G L Freeman Holdings Ltd v Livingston [pdf, 113 KB]

   ...provided that four weeks’ notice of termination should be given and that "…failure to give the proper notice and work it will result in a deduction from your final payment equivalent to the number of days short."10 [26] The Employment Appeal Tribunal agreed with this assessment, noting that: The employee, a truck driver, left without providing any notice and, relying on the agreement, the employer withheld the equivalent of four weeks' pay. At first instance, the...

2. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...Mitchell & Booker Palais de Danse Ltd6. The test depends upon whether the alleged employer had the right to control the person alleged to be the employee. Ms Holden correctly submitted that the control test has been diminished by the Court of Appeal’s decision in Cunningham v TNT Express Worldwide (NZ) Ltd7. Ms Swarbrick submitted that because the defendant was governed by set rosters for days and hours of work she was subject to control by the plaintiff. [34] I prefer...

3. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...etc.; (authorized) absence from work etc.; a period of such absence." 11 [31] The expression "unpaid leave" was considered by the Industrial Relations Court of South Australia in Flinders Ports Pty Ltd v Woolford, 12 which was an appeal from a decision of an Industrial Magistrate ordering the appellant to pay the respondent just over $5,000 for unpaid long service leave. The respondent was a casual port worker and there were gaps of as much as a fortnight, and up...

4. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...and I do not consider it is in the interests of justice to do so. Application for a stay of proceedings [36] The plaintiff applies for a stay of execution of the Authority’s determination. It does so on the grounds that: (a) the proposed appeal will be rendered nugatory unless a stay is granted; (b) third parties, being donors of the Trust Board, members of the Church, and those with an interest in the High Court proceedings, will be negatively impacted by the lack of a stay;...

5. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...employment and whether their English language ability satisfied the required threshold. Immigration New Zealand had declined their residence applications on the ground that they did not meet either criteria. On the advice of Ms Tian, all five appealed unsuccessfully to the Immigration and Protection Tribunal (IPT). Decision of the Tribunal [6] In its decision, the Tribunal found that Ms Tian had misunderstood the immigration instructions. She had been wrong to assert that the...

6. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

   ...Governments have signed future Governments up to a range of new exemplary conduct) but the point does not need to be decided in the context of this case. 23 Armstrong v Attorney-General [1995] 1 ERNZ 43 (EmpC). The decision was overturned on appeal but not on this point: Attorney-General v Armstrong [1996] 1 ERNZ 344 (CA). See too NZ Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC) at 269. 24 Employment Relations Act 20...

7. Amended affirmation of Mr Gary Taylor 2 December 2016 [pdf, 1.5 MB]

   ...years and are genuinely trying to find equitable and durable solutions. 11. It seems to me that there are signs of a rush to gain approvals to transition to new land uses prior to Plan Change 13 being determined. 12. We are working through the appeal process in the normal way. But meanwhile I consider that the situation has reached a tipping point at which some extraordinary intervention is necessary, at least in the interim. It seems futile to be litigating on a plan change whi...

8. [2016] NZEnvC 248 Northcote Point Heritage Preservation Society Incorporated v Auckland Council [pdf, 5.9 MB]

   BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND AND AND Decision No. [2016] NZEnvC 2 Lt 1)' of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act NORTHCOTE POINT HERITAGE PRESERVATION SOCIETY INCORPORATED (ENV-2015-AKL-0001 01) Appellant AUCKLAND COUNCIL Respondent WOODWARD INFRASTRUCTURE LIMITED Applicant AUCKLAND COUNCIL AUCKLAND TRANSPORT CYCLE ACTION AUCKLAND GENERATION ZERO...

9. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...breaches continued over a significant period of time, and could not be regarded as an isolated aberration. 9 Idea Services Ltd v Dickson (No 2) [2009] ERNZ 372 (EmpC) at [61]-[62]. 10 The Court of Appeal subsequently approved the approach of the majority Court: Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522. [38] However, those failures have to be placed in the context where it was genuinely believed that,...

10. Naera v Fenwick - Whakapoungakau 24 (2017) 169 Waiariki MB 3 (169 WAR 3) [pdf, 292 KB]

    ...are appropriate. 4 (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216) 5 Monschau v Bambler – Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust [2016] Maori Appellate Court MB 383 (2016 APPEAL 383) 6 See Karepa v Te Riini - The Kikorangi and Kareti Karepa Whanau Trust (2016) 144 Waiariki MB 3 (144 WAR 3) citing Samuels v Matauri X Incorporation - Matauri X Incorporation (2009) 7 Taitokerau Appellate Court MB 216 (7 APWH 216...