Search Results

1. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

   ...been made to proceed with a grievance that may not have been raised within time. [5] As already noted, all of Mr Davis’s grievances are what are known as unjustified disadvantage grievances. That is, under s 103(1)(b) of the Act, they are claims “… that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminate...

2. [2014] NZEmpC 71 Gazeley v Oceania Group NZ Ltd [pdf, 81 KB]

   ...all of the circumstances prevailing, to order her interim reinstatement. [7] Ms Dunn, counsel for the defendant, in her submissions on costs, has raised an issue as to whether Mrs Gazeley has in fact actually incurred costs to the extent now claimed by her. This is based on the fact that during the course of interlocutory matters and in view of Mrs Gazeley’s precarious financial position, the levying of fees by Ms Sharma was being held in abeyance. The substantial portion of the...

3. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

   ...solution I seek to resolve the matter: In the mean time I wish to reserve the right to proceed with this personal grievance process. With extreme regret, i am hereby tendering my resignation. Please arrange proper handover as soon as possible. My requested finish date with NZ Sugar is 12th April unless I am informed of otherwise. Best regards Jie [21] I have set this letter out in full because it indicates the difference in perception between Ms Gilroy and Mr Chen as to the ev...

4. [2012] NZEmpC 75 Fuqiang Yu v Xin Li and Symbol Spreading Ltd [pdf, 48 KB]

   ...1 [2011] NZERA Wellington 150. 2 [2011] NZERA Wellington 61. [2] The matter had been set down for a telephone directions conference on 8 May 2012 to fix a hearing date. [3] On 2 May 2012, the Registry received a request from Mr Lance Burgess, a director of Miller Dean Chartered Accountants Limited, requesting an adjournment of the telephone directions conference on the grounds that the defendant, Mr Li, is out of the country until the end of May 2012....

5. Savage v Adlam – Lot 39A Sec 2A Parish of Matatā (2014) 95 Waiariki MB 176 (95 WAR 176) [pdf, 561 KB]

   ...called TG2. The second was commissioned in September 2008 by Geothermal Developments Limited (“GDL”). [4] TG2 was undertaken by Ms Adlam in conjunction with her co-trustees and the second power station development proceeded with was the formation of the company Onepu Geothermal Energy Limited (“OGEL”) which was intended to be the vehicle for the development of the KA24 well which is situated on the Farm block land. [5] Prior to the establishment of either power station Ms...

6. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...detailed the protracted history of Mr McCreath’s dealings with Legal Aid in the period 6 January 2014 to 23 December 2014. At a teleconference convened on 11 February 2015 Ms Scott confirmed Mr McCreath intended prosecuting the proceedings but requested no timetable directions be made until the grant of legal aid. It was anticipated a decision would be made within the next two weeks. The teleconference was adjourned. [6] By further memorandum dated 4 March 2015 Ms Scott gave notice...

7. Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138 (52 TTK 138) [pdf, 132 KB]

   ...Act 1967. However, the status of the land was returned to Māori freehold land by order of the Court on 18 August 2010, which was registered against the title on 2 August 2011. [3] The Council made a previous attempt to pursue Mr Maihi for the claimed unpaid rates. On 1 September 2011 the Council filed proceedings in the District Court at Kaikohe seeking judgment and a charging order. The Council was unaware at the time that the land was by then Māori freehold land and pursued the...

8. [2013] NZEmpC 28 Maori Hill & Balmacewen Pharmacy Ltd v O’Sullivan [pdf, 205 KB]

   ...became involved. She contacted the Department of Labour in July, querying her daughter’s rights in relation to the minimum wage, given that no enrolment in an approved training course had occurred. Mr Vohora gave Ms O’Sullivan the enrolment forms shortly after this. Ms O’Sullivan signed the Pharmacy Industry Training Organisation (PITO) application for membership and the National Certificate in Pharmacy (Technician) enrolment form at the Open Polytechnic. She promptly retu...

9. [2012] NZEmpC 64 Wade v Hume Pack-N-Cool Ltd [pdf, 76 KB]

   ...took place more than four years ago, as did the determination of it. There is no explanation for the significant delay in applying to the Authority to reopen its investigation. Nor is there any suggestion that the circumstances leading to the request for a reopening had only come to Mr Wade’s notice recently. Indeed the contrary is true, that is, he seeks to put forward the same allegations and, although asserting that he can “now prove my fraud allegations”, there is no in...

10. [2011] NZEmpC 62 Greymouth Dental Centre v Bowkett [pdf, 80 KB]

    ...be determined on an exchange of submissions without the need for a hearing. [2] The award of costs arose out of an application by the defendant pleading two causes of action, unjustified dismissal and unjustified disadvantage. The defendant claimed that her resignation amounted to a constructive dismissal and that she had been demoted, which was the basis for her unjustified disadvantage claim. 1 CA 58/10, 10 March 2010. [3] Th...