Search Results

1. [2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd [pdf, 206 KB]

   ...equivocation in providing proper and sensitive rehabilitation for him. These were unjustifiable actions taken by the employer affecting Mr Fredericks’s employment generally and the conditions of his employment agreement to his disadvantage. Care needs to be taken, in awarding compensation for such breaches, not to be awarding compensation for Mr Fredericks’s injuries or to overlap into the area of reparation to him as a victim of the offending. Failure to protect Mr F...

2. [2022] NZEnvC 043 Marine Farming Association Incorporated v Marlborough District Council [pdf, 5.3 MB]

   ...landscapes; rather, the use or development of natural and physical resources may be able to be undertaken in a way that the quality and significance of the values is not diminished. Alternatively, adverse effects may be able to be remedied through careful planning or remedial works. Policy 7.2.7 provides further guidance in this regard. The option of remedying adverse effects on landscape values does not apply to activities occurring within the coastal environment, as Policy 15 of the N...

3. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...effective immediately. We will calculate your final pay entitlements and provide you with you[r] final payslip in the coming days. Please return immediately your Ports of Auckland Hoist card, Ports of Auckland Gate pass and all C3 branded protective clothing. You are entitled to appeal this decision within three days of receiving this letter. If you wish to lodge an appeal, you must notify our CEO Dean Camplin in writing the specific grounds upon which you wish to appeal the...

4. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   ...to the required standard and that the failures were unacceptable as they involved matters that were critical to aircraft safety. [21] Mr Sullivan stated in evidence that he had dismissed the plaintiff because the plaintiff was fundamentally careless. The plaintiff had had the opportunity to check the consignment and to make enquiries of his wife to determine whether anything else had been added without his knowledge. The plaintiff was aware that his wife was also packing items...

5. Nga Hau e Wha National Marae Charitable Trust – Nga Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152) [pdf, 241 KB]

   ...had changed or where it was to enable some development not inconsistent with the reservation or some commercial development on a peripheral part of the reservation in order to maintain the reservation. Judge Durie expressed the Court’s duty to protect Māori reservations as follows:2 ...The Court’s main concern is to ensure that the area is not so changed as to defeat the purposes for which the reservation was created, or to allow some incompatible user...

6. Nottingham & Property Bank Realtor Ltd v CAC 10057 & Honey [2014] NZREADT 80 [pdf, 98 KB]

   ...of law or principle; (2) taking account of irrelevant considerations; (3) failing to take account of a relevant consideration; or (4) the decision is plainly wrong. …” … [18] Considering all of these matters and the important function of protection of the public contained in the purposes of the Act (s.3) we consider there is no general rule preventing an appeal [from a decision not to refer misconduct charges] being considered by this Tribunal, however we consider that the Trib...

7. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

   ...explained that the plaintiff would be replacing Ms Janine Edgar, a senior accountant who was about to go on parental leave. The plaintiff was concerned that should Ms Edgar come back from parental leave, during which her position would have been protected, the plaintiff might then have been made redundant. The plaintiff was assured that her role was not conditional on Ms Edgar’s return and that her role was permanent. The defendant acknowledged, in a letter dated 26 April 2010,...

8. [2015] NZEmpC 147 Rodkiss v Carter Holt Harvey Ltd [pdf, 268 KB]

   ...costs and disbursements in the sum of $16,052.85. Ms Ironside explained that the legal costs were incurred as from 27 March 2013 when Mr Rodkiss had been falsely accused of serious misconduct and was required to take urgent legal steps to try and protect his job. The defendant rejected the Calderbank offer and made no counterproposal. [26] Ms Ironside submitted that although the Calderbank offer was given no weight by the Authority in its costs determination, it is relevant to thi...

9. Kendal v Sherbourne LCRO 69 / 2009 (19 August 2009) [pdf, 57 KB]

   ...at p 811). It is against these standards that the conduct of Ms Sherbourne is to be tested. When did Ms Sherbourne commence acting for Ms Kendal? [27] Mr John Kendal asserts that prior to 10 June 2005 Ms Sherbourne should have taken steps to protect the interests of Ms Kendal. He argues that it was unwise for Ms Kendal to be building on land that she did not own and also that Ms Sherbourne had an obligation to ensure that the price paid was reached by the method that Ms Kendal u...

10. Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust [2010] 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) [pdf, 175 KB]

    ...and that the incumbent trustees could not stand. [44] In that decision Judge Harvey alluded to the reasons set out in his second decision of 30 July 2008 but did not repeat or enlarge on them. He went on to say at paragraph 18: “But in the careful balancing required, given the adverse findings that have been made, and in the absence of a tenable defence, any application by the former trustees for reinstatement at this juncture is, with respect, not sustainable when section 222 of...