Search Results

1. [2023] NZEmpC 90 Fire and Emergency New Zealand v New Zealand Professional Firefighters Union [pdf, 291 KB]

   ...entitlements under the Act are minimum entitlements (s 6(1)). 6. An employer may provide its employees with agreed enhanced or additional entitlements (s 6(2)). [36] I respectfully adopt this analysis. [37] I also note the dicta of the Court of Appeal in Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd, which discussed the purpose of the Holidays Act in these terms:9 [27] The plain intention of the Act was to provide to employees who had not worked on a public holi...

2. [2006] NZEmpC AC 44/06 Spotless Services (NZ) Ltd v Service and Food Workers Union Inc [pdf, 71 KB]

   ...Essentially Mr Cranney submitted that on the basis of principle the current interpretation and application of the clause was found by the Authority. Legal principles [24] Counsel in their submissions referred to the caution expressed by the Court of Appeal as to reference to past decisions in the construction of a contract: Radio New Zealand Ltd v Clark [1993] 1 ERNZ 270, 271: The question arising is one of construction of contractual documents. Reference to past decisions in...

3. LCRO 207/2015 CA v BE (21 August 2018) [pdf, 205 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

4. LCRO 234/2017 and 172/2018 YA and XB v WD and VS (9 April 2019) [pdf, 242 KB]

   ...scope of review [27] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

5. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...paragraphs [6] to [13] for that information. The Law [8] It is trite law that trustees must adhere to their duties and any claim as to a lack of knowledge of such responsibilities is no defence against a claim of breach of duty. The Court of Appeal in a recent judgment Rameka v Hall underscored the relevant duties including the principal obligation of being familiar with the terms of the trust:2 [28] The general responsibilities of responsible trustees are set out in s 223 of th...

6. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [pdf, 259 KB]

   ...category), then a second work visa application 12 months later, followed by a residence application (including a medical waiver). The fee was $4,000. [10] Immigration New Zealand declined a visa for the client in late 2015 and subsequent requests and appeals by the advocate were unsuccessful. The decision letter has not been sent to the Tribunal. Advocate writes to various Ministers [11] On 25 October 2017, the advocate wrote to the Prime Minister. His letterhead and footer...

7. [2023] NZEmpC 106 Ling v Super Cuisine Group Ltd [pdf, 254 KB]

   ...constructive dismissal are well established and not in dispute. 3 Ling v Super Cuisine Group Ltd, above n 1, at [22]. 4 At [26]. 5 At [37]–[41]. 6 At [47]. [10] In Auckland Shop Employees Union v Woolworths (NZ) Ltd the Court of Appeal noted three situations where a constructive dismissal can arise:7 (a) an employer gives an employee an option of resigning or being dismissed; (b) an employer follows a course of conduct with the deliberate and dominant purp...

8. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...Witcombe’s solicitors or that might even have been pending was, at best, a secondary purpose of the first and second preliminary draft reports prepared by Mr Beattie. [34] Mr Gunn for the Clerk relied on a subsequent judgment of the Court of Appeal in which the Guardian Royal Exchange dominant purpose test was affirmed and 1 Guardian Royal Exchange Assurance of New Zealand Ltd v Stuart [1985] 1 NZLR 596 (CA) developed. I...

9. LCRO 151/2017 NS v ET (12 March 2019) [pdf, 130 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

10. LCRO 120/2017 ML v NM (19 March 2019) [pdf, 176 KB]

    ...scope of review [42] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...