Search Results

1. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...grievant raised an employment relationship problem against the plaintiff, then named PRP Auckland Limited, and an associated company, 54 Cuba Street (2007) Limited. This went to the Employment Relations Authority for investigation of their claims that they were owed redundancy money and other allowances by the two companies. [3] Before the investigation meeting on 15 May 2007, 54 Cuba Street (2007) Limited accepted liability for the redundancy payments leaving other entit...

2. [2020] NZEmpC 40 Innovative Landscapes (2015) Ltd v Popkin [pdf, 398 KB]

   ...JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Ms Popkin is a landscape architect. She was employed by the plaintiff company for around two-and-a-half years before her employment was terminated on the grounds of redundancy. She claimed that she had been unjustifiably dismissed. The Employment Relations Authority upheld her claim and awarded her one week’s wages and $15,000 by way of compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act).1...

3. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...the imposition of a penalty in regard to this particular issue, since the alleged breach was not specifically referred to in the Improvement Notice, was not the subject of the original recovery action, and was not referred to in the statement of claim. 6 [21] Ms Milnes submitted that these were nonetheless matters that were relevant to the question of whether the company was making a genuine effort to comply with relevant standards, as it contended was the case. To the extent tha...

4. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

   ...an efficient and timely transition to a new land and freshwater management regime that gives full effect to the NPSFM. It establishes an interim planning framework to facilitate the cost-effective and efficient assessment of resource consent applications for the replacement of deemed permits and for the take and use of 10 freshwater. The need for an interim framework stems from the following interlinked issues. First, historically high levels of water taking in parts of the...

5. EMPC speech GUEST LECTURE Privacy Employment Interface delivered in June 2016 [pdf, 311 KB]

   ...considerable amount of discussion about privacy rights and what an employer can and cannot do. It is unclear whether Ms Hammond was in an employment relationship with Credit Union at the relevant time and accordingly whether she could have brought a claim against it in the employment institutions. Nevertheless, the discussion provides a useful opportunity to reflect on the circumstances in which an employer can take disciplinary action in relation to an employee’s online activit...

6. [2022] NZACC 164 — Foster v ACC (23 August 2022) [pdf, 304 KB]

   ...of medical evidence establishes that the appellant’s ongoing symptoms and incapacity is as a result of an underlying calcific tendonitis rather than any injury caused in an accident in 2020. Background [4] On 24 January 2020, an ACC injury claim form was completed on behalf of the appellant by White Cross Ascot. It listed the description of injury as: tripped over a metal spike – landed hard on R shoulder. [5] An X-ray of the appellant’s right shoulder was taken the same...

7. Auckland 356 Complaints Committee and Auckland No. 1 Standards Committee v Sanders [2010] NZLCDT 21 [pdf, 255 KB]

   ...Trust Account Rules 1996. This charge was laid by the Auckland Section 356 Standards Committee of the New Zealand Law Society. (“the Section 356 Charge”) [b] That on a date unknown but in approximately July 2007 he wrote false details on a form with the title “Authority to Disburse Funds” (“the Authority”) which purported to authorise the payment of funds from his trust account in the name of Mr RV and Mrs SL P to Mrs R. (“the False Detail Charge”) [c] That on or...

8. 2021-03-17 ORC PC7 - Transcript (up to end of day 7) [pdf, 2.3 MB]

   ...notice of motion under section 149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) OTAGO REGIONAL COUNCIL Applicant Hearing Commenced: 08 March 2021 held in Dunedin Court: Environment Judge J E Borthwick Commissioner Bunting Commissioner Edmonds Appearances: P Maw and M Mehlhopt for Otago Regional Council D van Mier...

9. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

   ...October 2017] THERE IS AN ORDER PROHIBITING PUBLICATION OF THE NAMES OF THE PARTIES AND ANY INFORMATION LEADING TO THE PARTIES’ IDENTITY IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 130 EMPC 218/2017 IN THE MATTER OF an application for sanctions BETWEEN ALA Plaintiff AND ITE Defendant Hearing: 26 October 2017 (heard at Tauranga) Appearances: M Ward-Johnson, counsel for the plaintiff ITE in person Judgment:...

10. [2021] NZEnvC 040 Director-General of Conservation v Taranaki Regional Council Part 1 [pdf, 19 MB]

    ...PLYMOUTH DISTRJCT COUNCIL Respondent/Section 274 party irector General of Conservation & Ors v Taranaki Regional Council & Ors Court: Hearing: Last case event: Appearances: AND 2 NEW ZEALAND TRANSPORT AGENCY Respondent/ Applicant Environment Judge BP Dwyer Maori Land Court Judge M Doogan Environment Judge MJL Dickey Environment Commissioner DJ Bunting Environment Commissioner RM Bartlett 15-19, 23 and 24 July 2019 Final conditions lodged 17 March 2021 D...