Search Results

1. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

   ...standard ratios). [49] Similar calculations based on the same ratio were used by Mr Wyatt in advancing his complaints about his salary in a lengthy and detailed memorandum to Simpson Grierson dated 15 May 2002. [50] Mr Wyatt subsequently made requests to Simpson Grierson under the Privacy Act 1993 for disclosure of all personal information the firm held about him. He said that one of the documents he received in or about February 2003 showed the salary of one of his former collea...

2. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...valuable consideration (or quid pro quo) passes between the parties; and where there is an intention to create legal relations. Once these elements are present, there will usually be a legally binding contract. [43] Once a valid contract is formed, the courts are reluctant to intervene and supervise the agreement made by the parties. Equally, the courts will not disturb the bargain struck, even if manifestly unfair to the reasonable, objective person. The obvious exception to th...

3. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...2011, the NZPPTA wrote to the Ministry requesting a meeting of the Issues Committee about several issues concerning the calculation of salaries of overseas-trained teachers. 24.2. The result of the meeting was that the Secretary for Education requested that Ms Borrell and an advocate from the NZPPTA meet to attempt to resolve the issues of disagreement that led to the meeting. 24.3. Ms Borrell’s 15 July 2011 email set out a proposal for a way forward regarding these issues....

4. Employment Court Practice Directions [pdf, 492 KB]

   ...of documents). Back to front 3 | P a g e 2. Applications to and communications with the Court 1) If a party or a party’s representative applies to the Court for an interlocutory order or other direction, an application in proper form, accompanied by a memorandum and/or supporting affidavit, should be made unless there are extraordinary circumstances (such as extreme urgency) which preclude compliance with this direction. In such cases the Court will accept a less fo...

5. Baker v High Court (Strike-Out Application) [2021] NZHRRT 56 [pdf, 543 KB]

   ...could lead to the identification of the plaintiff in these proceedings is prohibited. [34.2] There is to be no search of the Tribunal file without leave of the Chairperson or of the Tribunal. The plaintiff and the defendants are to be notified of any request to search the file and given opportunity to be heard on that application. [34.3] Leave is reserved to all parties to make further application should the need arise. ............................................ Mr RPG Haines...

6. NI & QI v SB [2024] NZDT 60 (14 February 2024) [pdf, 157 KB]

   ...The Tribunal hears disputes between parties. Hearings are in front of Tribunal Referees who run the hearings. If the parties are unable to reach an agreement between themselves before or during the hearing, the Referee will make a decision on the information it has before it. 20. In the emails to the Tribunal, SB say he has left for [overseas city] where he is working in the mines. N Ltd says they were not told this – he had not mentioned this in his February emails to N Ltd. He did...

7. ON v M Ltd [2025] NZDT 138 (3 March 2025) [pdf, 190 KB]

   ...November 2023. By 29 December 2023, ON noticed threads starting to come out in different areas of the couch. She emailed M Ltd of her concerns. However, she said that she did not receive a response from M Ltd until May 2024. M Ltd sent ON a claim form which she filled out. M Ltd advised ON that the issue was with the material so it should be investigated by the manufacturers of the material. In June 2024, a representative from X Ltd visited ON’s home to inspect the couch. On 2 September...

8. [2012] NZEmpC 207 Hutton and Others v Provencocadamus Ltd (in receivership) [pdf, 252 KB]

   ...advising that Ms Makaea (payroll administrator) had taken over responsibility for “processing the 11 Emphasis added. Payroll for all ProvencoCadmus staff effective from 11th August”, and requesting receipt of leave application and Inland Revenue forms (amongst other things). Mr Corrick sent out a further email later that day, having first passed a draft through Mr Gibson. 12 It emphasised that the “ProvencoCadmus” payr...

9. DT & Ors v MU [2025] NZDT 24 (17 January 2025) [pdf, 182 KB]

   ...abnormalities of the supraspinous ligament, lumbar facet joints or dorsal sacral ligaments, which would indicate that the condition was not caused by falling after rearing. d) MU has presented a considerable amount of evidence of [the horse] performing well at equestrian events prior to sale and I accept there was no indication of poor behaviour indicating back pain. It is unfortunate that [the horse] appears to have had a latent condition that only became evident after the sale. The ve...

10. BB v TS Ltd [2024] NZDT 828 (15 October 2024) [pdf, 196 KB]

    ...surface, the rot is under the ground. BB considered that subsequent builders were easily able to find the rot, however, they had the advantage of being able to remove the cladding and removed the sand to expose the pile. TS Ltd was not engaged to perform that service, but rather was to provide an opinion only on what it could see. I find that TS Ltd provided what it agreed to and provided no opinion of the condition of the piles below the ground level. I am therefore satisfied that TS...