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1. [2006] NZEmpC AC 68/06 Colosimo & Anor v Parker [pdf, 78 KB]

   ...was employed by Mr Mehta personally and not with his company Exotiqa Ltd and that situation did not change before Mr Sheikh's dismissal. I agree with the Tribunal that the employment contract was between Mr Sheikh and Mr Mehta. Mr Mehta's appeal against the Tribunal's findings in respect of Mr Sheikh is dismissed. [30] Much has been made in this case of the fact that Mr Parker was never made aware that Taffy’s Bar Limited was the employer. However, the real issue is...

2. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

   ...complaints when it provided in section 138(1)(f) of the Lawyers and Conveyancers Act 2006 that a Standards Committee may determine to take no further action in respect of a complaint if “there is in all the circumstances an adequate remedy or right of appeal...that it would be reasonable for the person aggrieved to exercise.” [23] If the fact that a person would incur costs in pursuing that remedy (rather than making a complaint which is free) were a factor to be taken into acco...

3. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

   ...must be returned to the relevant agency. The Court must continue to make the decision or determine the proceedings without regard to the classified information or as if the information had not been available in making the decision subject to the appeal or review. We understand that if the withdrawn classified information was the evidence relied upon by the decision maker, on review or appeal without that evidence the decision will appear to be unsupported by evidence and the challenge b...

4. Security Information in Proceedings Bill [PDF, 1.1 MB]

   ...a certificate provided jointly by the Attorney-General and Minister of Foreign Affairs (cl 39). 7. There is no guidance in the Bill as to which track is to be used when, so it gives a broad discretion to the Crown to choose the track. There is no appeal procedure for a certificate but judicial review of a certificate would be possible. 8. If the Crown chooses the non-certificate track the Court determines whether a security information order would be necessary (e.g. it may be unnecessar...

5. Solomon v Otte - Te Awapatiki- B2 & 2B3 (2021) 74 Te Waipounamu MB 125 (74 TWP 125) [pdf, 320 KB]

   ...litigation concerning the applicant’s purchase of one-quarter of the shareholding of the trust.3 2 7 Chatham Islands Minute Book 116 (7 CHAT 116). 3 Solomon v Smith – Te Awapatiki No 2A1 and others [2012] Māori Appellate Court MB 563 (2012 APPEAL 563). 74 Te Waipounamu MB 128 [9] Until recently, the trustee group had consisted of 3 trustees representing the 3 branches of the Solomon hūnau still holding shares, and the applicant representing his own shareholding....

6. [2008] NZEmpC AC 4/08 NZ Airline Pilots Association Inc v Air New Zealand Ltd [pdf, 54 KB]

   ...Judgment: 19 March 2008 JUDGMENT OF THE FULL COURT Introduction [1] This case concerns the remedies accruing to members of the plaintiff as a result of its claim under the Holidays Act 2003. Having been considered by the Court of Appeal and the Supreme Court the case was remitted to the Employment Court. [2] The Employment Court had originally considered the matter as a full Court and issued its judgment on 9 March 2005 ([2005] ERNZ 180). The Judges who hav...

7. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. [30] In a redundancy situation, this requires a consideration of both substantive and procedural factors. [31] The Court of Appeal discussed these requirements in Grace Team Accounting Limited v Brake. 5 In its judgment the Court stated: 6 If the decision to make an employee redundant is shown not to be genuine (where genuine means the decision is based on bu...

8. LCRO 81/2018 QQ v RR (26 November 2019) [pdf, 548 KB]

   ...expressing reservations about the further exchanges of submissions and whether the complaint process was fair. He repeated his view that the 2010 agreement should not have been set aside and that Mrs RR could well have been successful if she had appealed. He referred to the potential that [KLJ] might have rebounded in the not too distant future, and to Mrs RR’s reluctance to invest in an expert who could refute Mr RR’s valuation. Mr QQ says Mrs RR’s instructions to him at t...

9. [2011] NZEmpC 135 NZ Amalgamated Engineering Printing and Manufacturing Union v Amcor Packaging [pdf, 111 KB]

   ...agreements [12] The leading authority on contract interpretation in this country is the decision of the Supreme Court in Vector Gas Ltd v Bay of Plenty Energy Ltd. 2 That decision related to the construction of a commercial contract but the Court of Appeal in Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc 3 made it clear that the principles of interpretation prescribed in Vector had equal application to employment agreements. 4 The court is requi...

10. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

    ...treatment. 6.The Government is under an obligation not to deport a person where the person faces a real risk of being subjected to torture or the arbitrary taking of life 1. 7.Clauses 35, 39 and 56 affect the circumstances in which a person may appeal against a decision on humanitarian grounds. These amendments do not affect a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country...