Search Results

1. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...was a mandatory procedural step, 14 and described rr 5.62 and 5.63 as: 15 … a mechanism to bring about prompt definition of the issues in a case. I do not think these rules are to be interpreted so as to deprive a plaintiff of access to justice. The phrase “treated as being admitted” should be interpreted as having procedural effect only, not substantive. [31] Rule 1.19(1) of the High Court Rules permits the Court in its discretion to extend the time appointed for a...

2. [2012] NZCA 508 CA414/2012 Moodie v The Employment Court and Strachan [pdf, 147 KB]

   ...deal with the applicant’s oral application for an extension of time to seek leave to appeal and we also deal with that in this judgment. [3] The Employment Court abides this Court’s decision. Counsel for the Employment Court appeared as a matter of courtesy and was given leave to withdraw. Factual background [4] In late 2004/early 2005 the applicant and Ms Strachan agreed that Ms Strachan would become associated with the applicant’s legal practice in a voluntary capacit...

3. [2017] NZEmpC 165 Roach v Nazareth Care [pdf, 320 KB]

   ...be followed, or does not apply to Mr Roach’s situation; (c) the Authority has declared the outcome of the employment relationship problem at this preliminary stage without a full consideration of the case; and (d) it is in the interests of justice to remove the matter to the Court. Trial provisions [33] Trial provisions are provided for in s 67A which reads: 67A When employment agreement may contain provision for trial period for 90-days or less (1) An employment agreement...

4. VJ & VL v AE LCRO 88 / 2012 (14 May 2013) [pdf, 115 KB]

   ...Practitioner’s refusal to refund any part of the fee that had been paid by the Applicants when the Practitioner represented them in relation to certain criminal charges. [3] The Applicants had paid the Practitioner the agreed sum of $10,000. Matters did not eventuate as originally planned or envisaged and the Applicants then briefed another lawyer, and sought a refund of part of the payment made to the Practitioner. Background [4] The Applicants are a mother and daughter who...

5. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...DOWNER NEW ZEALAND LIMITED v CLEMENT BRIAN LIVINGSTONE [2019] NZEmpC 109 [26 August 2019] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 109 EMPC 87/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN DOWNER NEW ZEALAND LIMITED Plaintiff AND CLEMENT BRIAN LIVINGSTONE Defendant Hearing: On the papers Appe...

6. WL & BN v SD LCRO 106/2015 (5 July 2016) [pdf, 65 KB]

   ...submissions on the issue of costs”. A telephone conference was suggested. (f) The arbitrator sought clarification as to whether the conference was sought to enable counsel to “make the brief submissions referred to” or to consider procedural matters. (g) In response Mr VL filed a memorandum noting the issues which were extant as being: (i) the amount of the arbitrator’s costs; (ii) whether security should be staged; 3 (iii) the costs of the application. (h) M...

7. [2007] NZEmpC AC 60A/07 X v Bay of Plenty DHB [pdf, 47 KB]

   X V BAY OF PLENTY DHB AK AC 60A/07 10 December 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 60A/07 ARC 78/07 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN X Plaintiff AND BAY OF PLENTY DISTRICT HEALTH BOARD Defendant Hearing: 4 December 2007 (Heard at Auckland) Appearances: Jim Roberts and Alison Maelzer, counsel for plaintiff Philip Skelton, counsel for defendant Judgment: 10 December 2007 REASO...

8. [2023] NZEmpC 16 Bird v Vice-Chancellor of the University of Waikato [pdf, 189 KB]

   ...BIRD v VICE-CHANCELLOR OF THE UNIVERSITY OF WAIKATO [2023] NZEmpC 16 [17 February 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 16 EMPC 93/2022 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF a preliminary issue as to jurisdiction BETWEEN STEVE BIRD Plaintiff AND VICE-CHANCELLOR OF THE UNIVER...

9. Matchitt v Matchitt - Te Kaha 65 [2015] APPEAL 662 (2015 APPEAL 662) [pdf, 190 KB]

   2015 Māori Appellate Court MB 662 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIARIKI DISTRICT A20150002453 APPEAL 2015/10 UNDER Section 58, Te Ture Whenua Maori Act 1993 IN THE MATTER OF Te Kaha 65 Block BETWEEN EDWARD MATCHITT Applicant AND PARATENE MATCHITT Respondent Hearing: 11 November 2015 (Heard at Rotorua by teleconference) Coram: Judge L R Harvey (Presiding) Judge D J Ambler Judge S R Clark Appearan...

10. [2016] NZCA 54 CA427/2015 Scarborough v Micron Security Products Limited [pdf, 149 KB]

    ...Scarborough challenged the Authority’s decision to the Employment Court, which dismissed the challenge and various related applications and awarded costs. [3] It is convenient to set out the relevant procedural history before addressing the matters on which leave to appeal is sought. (a) 11 June 2014: the Authority determined Ms Scarborough’s dismissal was substantively justified but procedurally flawed, and awarded $750 as “distress compensation” to Ms Scarborough. 1...