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...agreement as to costs with the plaintiff but that such attempts have been unsuccessful. [2] The submissions of Mr Liu for the defendant, in support of the application for costs, refer to the three well known Court of Appeal decisions, Victoria University of Wellington v Alton-Lee1, Binnie v Pacific Health Ltd2 and Health Waikato Ltd v 1 [2001] ERNZ 305 (CA). Elmsly3. I accept that the appropriate starting point is two th...
...‘comparison’, or a deliberate act of deception. Unfortunately, the Ministry is adamant in pursuing these cases without the slightest intention to acknowledge dissimilarity. And obviously, being repeatedly allowed to teleport the argument to a parallel universe, where gravity doesn’t apply, must have been quite encouraging. [24] Mr XXXX did not engage in any detailed analysis of similarity and dissimilarity with reference to the attributes of the contingencies addressed by the...
...amounts to discrimination on the grounds of marital status. [11] The appellant raised issues relating to what she saw as sexist behaviour by Ministry staff. She also notes that it should be taken into account that New Zealand Superannuation is a universal entitlement and not a means-tested benefit. [12] On behalf of the Chief Executive, it is submitted that there is no evidence that the appellant and her husband have repudiated the obligations of their legal marriage relationship,...
...employment agreement. There is a dispute between Mr Kocatürk and Zara’s Turkish about when 8 Relying on Bracewell v Richmond Services Ltd [2014] NZEmpC 63. 9 Bank of New Zealand v Trotter EC Auckland AC 36/07, 18 June 2007 at [13]. 10 Relying on Talbot v Air New Zealand Ltd [1994] 2 ERNZ 216; and see The Vice Chancellor of Massey University v Wrigley and Kelly [2010] NZEmpC 52. he started working for the company and in w...
Reference No. HRRT 072/2016 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN IGOR GRIGOROVICH PLAINTIFF AND MALCOLM STAPLETON FIRST DEFENDANT AND BABBAGE CONSULTANTS LIMITED SECOND DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION: Mr I Grigorovich in person Mr S Blackwell for second defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 28 September 2018...
...here. [5] Ms Pabellon, a licensed immigration adviser, is a director of ASP Immigration Services Ltd (ASP Immigration), of Palmerston North. [6] The complainant, a national of [Country], was studying for a [Qualification] at a New Zealand university. He was offered a fixed term contract for 10 months as a [Job title]. [7] On 13 April 2018, Ms Pabellon advised the complainant that he satisfied the criteria for residence as a skilled migrant. On the following day, the compla...
...do so. I do not accept those submissions. Mr Kubesch is clearly a person of considerable skills as a cabinet maker. Such skills are confirmed in details he gave of his previous work experience and qualifications. He is also the holder of a university degree. Even with these skills it was clear that it took him some time to obtain alternative employment. The Authority Member in the determination has allowed him loss of income for one month following termination of employment....
...by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfolds in a pattern not yet completely known iii LIST OF CONTENTS Chapter 1: Auckland 1.1 Principal data. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Main geographic features relevant to habitation and land use . . . . . . . . . . . . . . . . 1 1.3 Main t...
FILTA VACUUM PRODUCTS LTD V DOLAN AK AC 28/09 9 July 2009 IN THE EMPLOYMENT COURT AUCKLAND AC 28/09 ARC 74/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN FILTA VACUUM PRODUCTS LIMITED Plaintiff AND HUNTER DOLAN Defendant Hearing: By submissions filed on 14 April and 12 May 2009 Judgment: 9 July 2009 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff, the former employer of the defendant, has chal...
...Employment Relations Authority in an action for overpaid remuneration and, on a challenge, by this court independently of the other causes of action involving Ms Panapa and Mr 13 See Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [48]; Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]; Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA) at [17]. 14 A total amount of $573,744.96. Beattie....