Search Results

1. [2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland [pdf, 123 KB]

   ...processes set out in cl 2.6, may be amended from time to time by the employer following appropriate “consultation” and on reasonable notice. Mr Mitchell, counsel for the TEU, submitted that the fact that amendment following “consultation” was permitted under cl 2.6 in relation to some policies meant that the “participation” provided for in cl 2.6 in relation to other policies must result in agreement prior to amendment, otherwise it would amount to a distinction w...

2. ZA v YB LCRO 39/2016 (15-February 2017) [pdf, 171 KB]

   ...in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Assn Ltd:18 In giving its reasons for judgment [a Court] is not composing a general lecture upon a legal topic: it is setting out as succinctly as the time available for preparation permits, those propositions of law which it considers are correct, and which are essential steps in the decision it has reached in the particular case. It is not obliged to state an answer to the arguments against the propositions of law which i...

3. [2014] NZEmpC 111 Bracewell v Richmond Services Ltd [pdf, 300 KB]

   ...service with which this proceeding is concerned is the provision of supportive accommodation to clients, including clients placed under court orders. [2] Client A was one such client. Ms Bracewell became very concerned that Client A was being permitted by personnel at Richmond and the relevant DHB 1 to engage in abusive prostitution, causing and having the potential to cause significant 1 The identity of the DHB and its location we...

4. [2017] NZEmpC 10 Xtreme Dining Ltd t/a Think Steel v Dewar [pdf, 107 KB]

   ...clear, because the parties had already participated in a hearing about them. Think Steel was well placed to make a realistic assessment as to its prospects of success. [36] A key submission for the company related to the contention that the Act permits the Authority and the Court to award nil remedies; and that this case was one where such an approach should be adopted. [37] Although there was a legitimate basis for advancing such a submission in law, it was very optimistic to...

5. Carroll - Estate of Kahui Pepi Carroll (2007) 187 Napier MB 277 (187 NA 277) [pdf, 255 KB]

   ...Transfer Act. The protection afforded by s48 is narrower than was given by its predecessor, s452(8) of the Maori Affairs Act 1953, to "any instrument of alienation executed before the making of any such order". Subsection (8) specifically permitted any such instrument to be ''peifected, confirmed or registered as if no order had been made" under s452. We have found no explanation for the narrowing of the protection but do not see in s48 anything supporting the...

6. NG v THZ [2013] NZIACDT 69 (22 October 2013) [pdf, 104 KB]

   ...could not get the job as he did not have a visa. The complainant states that the adviser joined the meeting while they were discussing the reasons he could not travel. He states that he told her that he could not travel as his South African residence permit was pending and that he also did not have the means to pay for a trip. He states that he asked again if there was any way of getting a job without travelling, and he was reassured they would do their best. The complainant states...

7. 2023-08-16-O2NL-JWS-Water-Abstraction-and-Planning.pdf [pdf, 321 KB]

   ...WATER ABSTRACTION AND PLANNING EXPERTS 16 August 2023 Page 3 INTRODUCTION 1. This joint witness statement relates to expert conferencing on the topic of water abstraction, and particularly the content of regional resource consent (water permit) condition RWT1 and the matters agreed in the Joint Statement of Water Abstraction Experts dated 26 July 2023. 2. This joint witness statement relates to the application by the New Zealand Transport Agency-Waka Kotahi (Waka Kotahi)...

8. [2009] NZEmpC AC 25A/09 Kereopa v Go Bus Transport Ltd [pdf, 45 KB]

   ...or alternatively, the employee will be paid wages in lieu of notice and asked to leave immediately. At the time of dismissal the employee shall be entitled to have a witness present. [24] Mr Parlane submitted that the agreement therefore did not permit summary dismissal and the defendant had breached clause 20 by not having used the warning process and instead had unreasonably and unjustly dismissed the defendant. [25] Mr Menzies for the defendant did not dispute the collective ag...

9. Taylor v Corrections (Jurisdiction) [2019] NZHRRT 17 [pdf, 250 KB]

   ...invited the Tribunal to defer any decision in the present case until after the Toia proceedings had been determined. [8] Mr Hunter submits he is properly a plaintiff in these proceedings but if not, he has standing in terms of HRA, s 108 and should be permitted to intervene in the proceedings. The submission by Mr Taylor and Mr Hunter is that because the information in the letter had been intended for Mr Hunter he had an interest greater than the general public as to whether the Chief E...

10. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

    ...disputes between the parties. 3 That approach is also consistent with s 189(1) of the Act. I have not been persuaded by the defendant to depart from that approach in this case. Decision [34] In these circumstances, it will be more just to permit the expanded pleading proposed, even at the risk of some delay, than to confine the plaintiffs to only the cause of action pleaded until now. [35] Leave to file and serve amended pleadings is granted to the plaintiffs. A second amend...