Search Results

1. [2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [pdf, 342 KB]

   ...how” he had raised his unjustified disadvantage personal grievance.8 [10] I went on to direct that he file all relevant particulars in a single memorandum. I explained that this was so that the defendant, and the Court, could be properly informed as to the allegations Mr Lorigan was making about each of the issues summarised in [33] and [34] of the December judgment. I said that the memorandum which should be filed should follow the sequence of issues raised in those paragraphs,...

2. EQ & MC v IJ Ltd & SD [2022] NZDT 146 (31 August 2022) [pdf, 246 KB]

   ...[emphasis added] The purpose of seeking further independent qualified person’s involvement (e.g., plumber, electrician, roofing contractor, cladding specialist, engineer, buildings avert survey, etc) would assist you in making an even greater informed choice should you choose to purchase a property rather than relying on or misinterpreting a comment from the property inspector or not being sure of the extensiveness of any faults/defects mentioned. … CI0301_CIV_DCDT_Order Page 3...

3. [2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd [pdf, 219 KB]

   ...ERNZ 124 (CA) at 131. attending work, taking longer breaks than other security staff and not being diligent. While Mr Watson discussed these allegations with Mr Ngawaka they did not result in any disciplinary action. [14] Mr Ngawaka requested and was granted a transfer to security patrol work. He undertook some training for the patrol work and a uniform was issued to him (there are differences between the uniforms of patrol guards and other guards). [15] After Mr Ng...

4. [2009] NZEmpC AC 23A/09 NZ Airline Pilots Association Inc & Anor v Jetconnect Ltd & Ors [pdf, 34 KB]

   ...McIntosh [2004] 2 ERNZ 448. [7] The first and most fundamental question for decision is whether reg 39(2) of the Employment Court Regulations 2000 (“the Regulations”) precludes the plaintiffs from having any recourse to regs 40 to 52 which form the statutory basis for document disclosure in this Court. [8] Although the defendants have each provided informal disclosure of documents to the plaintiffs, they have resisted the plaintiffs’ demands for disclosure of relevant do...

5. EMPC Consolidated practice directions [pdf, 135 KB]

   ...passages relied on (in the case of law reports), and (in the case of textbooks and articles) the title page and the pages containing the particular passages relied on. (c) If a judgment referred to in (a) above is contained in other than PDF format (for example in HTML format from the NZLII website), the copy provided to the Court must be in the form in which the judgment was originally issued, ie PDF. 1 1 This can be done...

6. ABJ Ltd & ABK v ZYT Ltd [2012] NZDT 66 (21 August 2012) [pdf, 81 KB]

   ...Applicants are therefore not contractually entitled to any compensation from the Respondent. [8] The Applicants say that the agreement for the Respondent to provide them with two years’ accounting services for free was a side agreement, which formed part of the consideration for the Sale and Purchase Agreement. They say that it added value to the final price and provided a sweetener for them to agree on that price, and that they signed the Sale and Purchase Agreement on that b...

7. XN v Ji [2019] NZIACDT 67 (1 October 2019) Sanctions [pdf, 186 KB]

   ...2019 seeks compensation for the loss the complainant has suffered. [16] Mr Chen observes that the application for residence was declined because the complainant did not provide evidence as to how she had acquired all of her nominated funds, as requested by the immigration officer. It is contended that the complainant had not been aware that this information had been requested. This occurred because the application was not undertaken by Mr Ji but instead the work was given to unq...

8. [2015] NZEmpC 97 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 268 KB]

   ...Regard must be had to the court-directed part of the document disclosure exercise, the first instance of which was the second interlocutory judgment delivered on 4 December 2014. [12] The plaintiff says that on 22 January 2015 the defendant requested an extension of time to comply with the Court’s 4 December 2014 orders “as it did not consider complying with the Orders a business priority”. Then, the plaintiff says, on 13 February 2015 the defendant provided “grossly def...

9. MVDT Annual Report 2019-2020 [pdf, 381 KB]

   ...name for the defendant should be No Reserve Cars Ltd”, which Mr Bhatia had claimed was his employer. The matter was then remitted back to the Tribunal in December 2019, and adjudicator Jason McHerron reheard the matter. After considering the information provided to the Tribunal and the District Court, Mr McHerron determined that, in addition to Mr Bhatia and No Reserve Cars Ltd, two other parties had sufficient connection to the matter to be joined to the proceeding. They were Antony...

10. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

    ...that of legal professional privilege. This term encapsulates solicitor client privilege, which is described in s 54 of the Evidence Act 2006 (the EA). It relevantly states: 54 Privilege for communications with legal advisers (1) A person who requests or obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the...