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1. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   ...AUCKLAND LIMITED NZEmpC AK [2011] NZEmpC 128 [12 October 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 128 ARC 72/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for interim reinstatement BETWEEN GRAHAM MCKEAN Plaintiff AND PORTS OF AUCKLAND LIMITED Defendant Hearing: 7 October 2011 (Heard at Auckland) Counsel: Simon Mitchell, counsel for plaintiff Richard M...

2. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...adviser any response that contains an element of contrition or insight. 3 [12] Indeed that understates the position. Ms Tan made a personal attack on her client in response to the complaint. It extended to allegations of dishonesty and claims he threatened personal violence. That attack by Ms Tan was without foundation, evidenced a lack of respect for her client and was devoid of the professional dignity expected of a licensed immigration adviser. [13] The combination of...

3. M D Cottle Family Trust & Anor v CAC20002 & Anor / Barnett v CAC20002 & Ors [2015] NZREADT 74 [pdf, 142 KB]

   ...present penalty purposes, relevant extracts from our decision are: “[92] The Disputes Tribunal decision between the parties accepted that Mr Cottle had received a service from the licensee and that “the substantial merits and justice of this claim require that Mr Barnett be paid for this service ...”. The referee had noted that Mr Cottle accepted that Mr Barnett be paid a commission at $10,000 plus GST. ... [96] We consider that the licensee has been guilty of unsatisfactory con...

4. Auckland Standards Committee 5 v Hong [2020] NZLCDT 12 [pdf, 160 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2020] NZLCDT 12 LCDT 016/19 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 5 Applicant AND BOON GUNN HONG Respondent CHAIR Judge BJ Kendall (retired) MEMBERS Ms J Gray Mr G McKenzie Prof D Scott Ms S Stuart DATE OF HEARING 19 March 2020 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE OF DECISION 29 April 2020 COUNSEL Mr P...

5. [2015] NZEmpC 192 Lim v Meadow Mushrooms Ltd [pdf, 192 KB]

   ...of the Employment Relations Act 2000 (the Act). The Authority concluded that on the basis of limited oral evidence which Mr Lim had provided at the investigation meeting that a modest award of $3,000 compensation was justified. Mr Lim had claimed that such compensation should have been fixed in the sum of $30,000. 1 Lim v Meadow Mushrooms Ltd [2015] NZERA Christchurch 89. The determination [2] Since the determin...

6. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

   ...CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2024] NZLCDT 18 LCDT 010/23 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WELLINGTON STANDARDS COMMITTEE 2 Applicant AND Mr K Respondent DEPUTY CHAIR Dr J G Adams MEMBERS OF TRIBUNAL Hon P Heath KC Ms G Phipps Prof D Scott Dr D Tulloch DATE OF HEARING 7 May 2024 HELD AT District Court, Wellington DATE OF DECISION 3 Jul...

7. Briefing for incoming Minister 2017 - Votes Justice and Courts [pdf, 1 MB]

   ...Commission, Office of the Privacy Commissioner, Law Commission, Real Estate Agents Authority, Public Trust and Independent Police Conduct Authority (see Appendix D for further information on Crown entities); b) Giving advice to the Governor-General on applications for the exercise of the Royal prerogative of mercy; c) Making decisions on compensation claims for wrongful conviction and imprisonment; d) Appointments to approximately 120 – 140 statutory positions and 200 – 300 Ju...

8. Feng v Young [2016] IACDT 40 (12 August 2016) [pdf, 177 KB]

   ...work visa. He received approximately $5 per hour for his work. The complainant objected, and Ms Zhang took him to a series of work places where the employers paid him less than the minimum wage. [2.2.6] On 27 November 2009, Ms Zhang submitted an application to vary the complainant’s work visa conditions and in a cover letter she said that he was still working for the employer named on the visa. In fact, he never worked there. [2.3] Accordingly, the complaint involved Mr Young and Ms...

9. Feng v Zhang [2016] NZIACDT 41 (12 August 2016) [pdf, 176 KB]

   ...work visa. He received approximately $5 per hour for his work. The complainant objected, and Ms Zhang took him to a series of work places where the employers paid him less than the minimum wage. [2.2.6] On 27 November 2009, Ms Zhang submitted an application to vary the complainant’s work visa conditions; in a cover letter she said that he was still working for the employer named on the visa. In fact, he never worked there. [2.3] Accordingly, the complaint involved Ms Zhang misleading...

10. [2009] NZEmpC AC 15/09 Air New Zealand Ltd v V [pdf, 95 KB]

    ...Zealand Council of Trade Unions as Intervener Timothy Cleary, Counsel for Business New Zealand Inc as Intervener by leave Judgment: 3 June 2009 JUDGMENT OF THE FULL COURT [1] This judgment principally concerns the interpretation and application of s103A of the Employment Relations Act 2000 which defines the test of justification for the purposes of personal grievances. In its determination, the Authority applied the construction of s103A which has been adopted by indiv...