Search Results

1. [2007] NZEmpC CRC19/07 Abernethy v Dynea NZ Ltd [pdf, 79 KB]

   ...had received accord and satisfaction. [5] Mr Abernethy is dissatisfied with that determination. He has elected a full hearing of the entire matter under s179(3)(b) of the Employment Relations Act 2000. The proceedings [6] The statement of claim filed in the Court states that the election relates to the whole of the determination. The plaintiff claims that he was disadvantaged unjustifiably in his employment and dismissed unjustifiably by the defendant on about 27 March 2007...

2. Far North District Council - Okahu 3B2B2 (2015) 97 Taitokerau MB 234 (97 TTK 234) [pdf, 396 KB]

   ...Accordingly, I first address the further information provided by the IMC and the Council, and then turn to the question of which blocks should be included in the ahu whenua trust, the terms of trust and who should be trustees. The background to the application is set out in detail in my earlier reserved judgment and need not be repeated here. Further information Further information from the Interim Management Committee [8] Dealing with the further information in turn, first, the...

3. GU v Hakaoro [2013] NZIACDT 68 (9 October 2013) [pdf, 135 KB]

   ...demanded the further $600, and threatened to report the complainant’s husband to Immigration New Zealand as he had overstayed his visa. On a later occasion Mr Hakaoro said he had done some work on the matter and could not make a refund. [5] Mr Hakaoro claimed he was confused as to who the client was, and would have refunded the money if he knew the complainant who had paid the money was entitled to it. [6] The Tribunal has concluded Mr Hakaoro took the money and did not comply with the...

4. [2023] NZSSAA 8 (15 May 2023) [pdf, 162 KB]

   ...[8] Section 70(1)(b) states that offshore pensions that are offset against NZS by identifying a: … benefit, pension, or periodical allowance or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under … the New Zealand 1 During this time XXXX also spent two years work...

5. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...the rank of sergeant. All issues relating to remedies including reinstatement had been held over for a hearing pending the outcome of the liability hearing1. [3] Mr Hawkins’s employment was terminated on 21 June 2001 when his application to disengage was accepted but he only sought reinstatement in 2003 following his discharge under s347 of the Crimes Act 1961 from criminal charges brought against him by the police. His reinstatement is opposed by the defendant....

6. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...notice of motion under s149T(2) to decide proposed Plan Change 7 to the Regional Plan: Water for Otago (referred to the Environment Court by the Minister for the Environment under section 142(2)(b) of the Act) BETWEEN Otago Regional Council Applicant AND Trustpower Limited Party LEGAL SUBMISSIONS ON BEHALF OF TRUSTPOWER LTD 17 May 2021 1 MAY IT PLEASE THE COURT: 1 INTRODUCTION 1.1 These submissions are on behalf of Trustpower Ltd (“Trustpower”). Trustpower oppose...

7. [2015] NZEmpC 176 Lean Meats Oamaru Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 222 KB]

   ...counsel for the plaintiff P Churchman QC, counsel for the defendant Judgment: 6 October 2015 JUDGMENT OF JUDGE B A CORKILL Introduction [1] New Zealand Meat Workers and Related Trades Union Incorporated (the Union) raised a claim against Lean Meats Oamaru Limited (Lean Meats) for unpaid rest breaks for its members when working at an abattoir at Oamaru. It was alleged there was non-compliance with the relevant provisions of Part 6D of the Employment Relation...

8. 2017 NZSSAA 027 (16 June 2017) [pdf, 104 KB]

   ...Review Committee on 29 July 2016 and Mr XXXX filed his appeal on 21 September 2016. [2] Mr XXXX was born in Taiwan and immigrated to New Zealand in 1991. On 27 November 2015 Mr XXXX applied for NZS before turning 65 on XX XXXX 2016. In his application for NZS Mr XXXX said that he was receiving from Taiwan an old age benefit from the Labour Insurance Programme (LIP) of TWD14,232 per month. [3] When Mr XXXX was advised that his application for NZS was granted he was...

9. [2019] NZEmpC 12 A Labour Inspector v Daleson Investment Ltd [pdf, 376 KB]

   ...JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Daleson Investment Limited ran a liquor store in Onehunga. The Labour Inspector carried out an investigation into complaints that it had underpaid a number of workers, in breach of the applicable minimum statutory requirements. The Labour Inspector pursued a claim for lost wages and for penalties. The Employment Relations Authority upheld the claim for lost wages, ordering the company to pay $12,542.52 plus interest.1...

10. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

    ...leased land; and [d] misrepresented the condition of various chattels and the quality of the water available on the property. [3] The various allegations which the appellant made against the licensee had earlier been the subject of a civil claim which a trust which was associated with the appellant brought in the High Court against the licensee. In that proceeding, Aldrie Holdings Limited v Clover Bay Park Limited and Others2 claims had been brought based upon false representat...