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1. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...pursuant to section 44 of the Immigration Advisers Licensing Act 2007 (the Act). The circumstances were: [6.5.1] The Registrar required Mr J to provide his file, using the statutory process under section 57 of the Act. [6.5.2] Mr J’s response to the request was to say the complainant was never his client, and accordingly he had no records, and had not given any immigration advice. [6.5.3] However, Mr J had in fact accepted an engagement to provide professional services to the compl...

2. [2007] NZEmpC AC 51A/07 Maritime Union of NZ and ors v TLNZ Ltd and anor [pdf, 158 KB]

   ...of collective agreements covering the members of the Maritime Union of New Zealand Inc (“MUNZ”); • whether the defendants’ intended introduction of the policy is or will be in breach of collective agreement consultation obligations, as informed by statute. • whether a requirement of an employee to participate in the drug and alcohol policy will amount to a lawful and reasonable direction in employment with which the employee must comply. [2] One further cause of action...

3. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [pdf, 306 KB]

   ...Conditions of Service. [57] In 2013, Mr Sycamore approached Mr Philip Herbert, General Manager Aircrew, in Hong Kong, and asked if he could now change to CoS08. On 24 January 2014 he was informed that he was not permitted to do so. A similar request was made by Mr Brown and that request has also been declined. Both requests were made within the grace period relating to salary which would have applied had such an election been taken in 2009. [58] Both Mr Brown and Mr Sycamo...

4. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

   ...& Construction Ltd [2014] NZERA Christchurch 146. employment the Managing Director, Mr Smith, did not comply with any of the basic procedural requirements of s 103A of the Act. [7] The Authority concluded that Mr Hall had not been informed of Mr Smith’s concerns about his performance and had no opportunity to respond to those concerns or to improve his performance. The Authority concluded that Mr Smith could not have taken Mr Hall’s explanations about his concerns...

5. Renner v Brownlie – Pipituangi A Block (2013) 29 Tairawhiti MB 57 (29 TRW 57) [pdf, 172 KB]

   ...for costs. The case manager then sent a letter asking Dr John Bunbury if he would accept appointment to represent the trustees, to be paid by the Special Aid Fund. On the same day, the case manager wrote to the trustees advising them of this request to Dr Bunbury. The applicants responded requesting to know why the trustees’ legal representation would be paid for by the Special Aid Fund, why security for costs was an issue, and why the trust itself was not responsible for secur...

6. [2009] NZEmpC AC 11/09 EBIIWU v Pedersen Industries Ltd [pdf, 32 KB]

   ...of that evidence and decided important parts of the case on it. [5] The relevant facts are these. The defendant operates the Tasman chip mill near Kawerau and has done so since about 2004 when it purchased that aspect of the operation from its former owner, Carter Holt Harvey Ltd. There are a number of employees at the site and for the purpose of this case the nature of their employment can be defined in one of two ways. There are operators who operate machinery and plant used in t...

7. Hall v Opepe Farm Trust (2011) 45 Waiariki MB 142 (45 WAR 142) [pdf, 179 KB]

   ...another Court “will also be raised in the appeal to the Court of Appeal.” [13] By memorandum dated 14 December 2011 Mr McKechnie responds to Ms Opai’s memorandum by submitting that his client opposes the conditions for payment of costs as requested by the Second Respondents. Counsel also points out that the issues raised in paragraph [12] (e) – (f) above were not raised in this Court nor the Appellate Court and consequently are not matters that can properly be raised in the...

8. [2010] NZEmpC 82 Goodfellow v Building Connexion Ltd t/a ITM Building Centre [pdf, 44 KB]

   ...undermined him in his position as manager of the Takaka branch. A good deal of evidence was given of specific events. Mr Zindel confirmed however, that no personal grievance based on disadvantage was being pursued and these events really only formed the background to what happened at the end of May 2008. I have taken this evidence into account but, in light of that clarification and the decision I have reached, there is no need to record that evidence in detail in this judgment or...

9. [2011] NZEmpC 76 Rush Security Services Ltd v Samoa [pdf, 132 KB]

   ...that would otherwise be a working day for you. (c) Wages will be paid weekly no later than Wednesday direct into a bank account nominated by you. [7] This was an inadequate and inapt employment agreement and Ms Rush told me that the company‟s form of casual individual employment agreement has since been revised. The inadequacies of Mr Samoa‟s employment agreement are probably attributable in part to the fact that it was on a New Zealand Retailers Association template develope...

10. Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63) [pdf, 260 KB]

    ...expending significant time seeking to meet with owners, community members and WDC staff, had not been paid for their time. Mr Farrell indicated that the WDC might consider covering those costs given that the costs were incurred at the Council’s request. 116 Waiariki MB 67 [13] Accordingly, when nearly all matters relating to the lease negotiation were completed, Mr Olsen sought advice from the WDC lawyers with regards to invoicing the Council and then proceeded to invoic...