Search Results

1. [2009] NZEmpC CC 3/09 A Farmer v A Worker [pdf, 55 KB]

   ...employment cases was confirmed by the Court of Appeal in Karelrybflot AO v Udovenko [2000] 2 NZLR 24 where, on behalf of four of the five members of the Court, Blanchard J said: [36] Mr David has satisfied us that the doctrine of frustration is applicable to contracts of employment. Mr Kenworthy, who argued this part of the case for the respondents, accepted this as a general proposition but endeavoured to persuade the Court that it applies only in limited situations: where an employee...

2. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ............................................................................................................................... 94 Introduction [1] Mr Watson’s appeal challenges the correctness of the: (a) Corporation’s decision dated 19 January 2022 (“the Corporation’s Decision), declining Mr Watson's request for weekly compensation arising from his ankle injury on 18 July 2021. (b) Subsequent decision dated 4 July 2022 (“the Review Decision”) declining Mr Watson�...

3. [2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 685 KB]

   ...PUNA LIQUOR CENTRE [2022] NZEmpC 234 [15 December 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2022] NZEmpC 234 EMPC 87/2020 EMPC 365/2020 IN THE MATTER OF an application for the exercise of powers under sections 142B, 142E, 142J, 142M, 142W and 142X of the Employment Relations Act 2000 AND IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN...

4. [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [pdf, 303 KB]

   ...development including the amount of shifts worked and demonstrating competency. [6] After that introduction, cl 3.1 contains several tables, each one stating a role with the defendant’s relevant restaurant brand, training levels or skills, and an applicable hourly rate of pay. The remuneration table for KFC illustrates this format: KFC Role Training / Skill level (Upon completion & RBL sign-off) Hourly Rate Team Member Base $14.75 Team Member Gold Star $15.77 Team...

5. [2023] NZEnvC 223 MacFarlane Investments Ltd v Queenstown Lakes District Council [pdf, 490 KB]

   ...enquire into the objection and the intended taking and is to conduct a hearing having followed the procedural steps set out in ss 24(3)-(6). These steps were duly followed. [51] A hearing on the matter was initially delayed pending a response to a request for information made by the objector to the Council under the Local Government Official Information and Meetings Act 1987. That request was then pursued as an application for discovery made under s278(2) RMA. [52] The informa...

6. Kawhia – Waiomatatini C and Wairoa 1A (2024) 126 Tairāwhiti MB 196 (126 TRW 196) [pdf, 469 KB]

   ...Taratī), tētahi tono ki te whakarerekē i te ōta taratī. Ko Eruera Paratene Kawhia rātou ko Keriana Tupaea Tawhiwhirangi, ko Manihera Morete, ko Paul Te Kakapaiwaho Tibble, ko Venus Christian Taare ngā tarahitī o te Taratī. [1] An application was filed by Dr John Bunbury, on behalf of the trustees of the Waiomatatini C & Wairoa 1A Trust (the Trust), to vary the trust order pursuant to section 244 of Te Ture Whenua Māori Act 1993 (the Act). The trustees of...

7. Huata-Kupa v Tataraakina C -Tataraakina C Trust (2015) 40 Tākitimu MB 207 (40 TKT 207) [pdf, 244 KB]

   40 Tākitimu MB 207 IN THE MĀORI LAND COURT OF NEW ZEALAND TᾹKITIMU DISTRICT A20140011548 UNDER Section 98 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF TATARAAKINA C TRUST BETWEEN TANIA HUATA-KUPA Applicant AND TATARAAKINA C TRUST Respondent Hearing: On the papers Judgment: 29 May 2015 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] By application received on 20 October 2014 Tania Huata-Kupa, a former re...

8. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2022] NZACC 184 ACR 70/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL UNDER SECTION 162(1) OF THE ACT BETWEEN ALBERT SIMPSON Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: B Hinchcliff for Mr Simpson L Mailand for the Respondent Judgment: 27 September...

9. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...arising from the fact that the company was not correctly described in the employment agreement and its variation. Section 25, Companies Act 1993 [53] The Court raised with counsel a question as to whether s 25 of the Companies Act 1993 had application in this case. That section prescribes the manner and form by which a company must publish its name. It states as follows: 25 Use of company name (1) A company must ensure that its name is clearly stated in– (a) every written...

10. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

    ...the defendant Judgment: 10 November 2017 JUDGMENT OF JUDGE B A CORKILL Introduction [1] On 10 June 2015, Mr Andrew Dean applied to his employer, the Ministry for Primary Industries (MPI), for anticipated retiring leave. His application was promptly accepted. It is common ground that he was entitled to such leave; but there is a dispute as to how it should be calculated. [2] By way of background, Mr Dean had worked for MPI since it was created in 2011 and fo...