Search Results

1. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...generally contained in the applicable employment agreement, and was in this instance, according to the CAA. Following its enactment in November 2021, cl 3 of sch 3A may be relevant if an employment agreement does not have a provision that would permit dismissal of an employee who declined to be vaccinated. [45] However, what the enactment of the clause does reinforce is the importance of the legal right to terminate, since it was included in a suite of urgent and important provis...

2. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...[redacted] and [redacted] and back into [redacted]. Do you have any future plans to develop [redacted]? If they were to be developed that would need a [redacted] ww to the main also. 14 Non[redacted] would possibly connect into that (levels permitting). Just looking ahead with a view to future proofing and rationalising the pipe network. … [64] The applicant relevantly responded that evening: For a twist [redacted] and [redacted] are in the residential intensification zone...

3. [2023] NZEmpC 69 Halse v Employment Relations Authority [pdf, 292 KB]

   ...judicial review by the Court. The application to strike out therefore succeeds on that basis. [44] In any event, Mr Halse has submitted that the grounds for review are based on alleged errors of law and errors of fact. Section 184 does not permit judicial review of Authority determinations on the basis of error of law.31 [45] The position with respect to Mr Halse’s application for judicial review is on all fours with the application for judicial review he filed in the Court of...

4. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...actual content of the duty asserted in the second cause of action is different from that asserted in the first. In the first the receiver is accused of negligence in his conduct in a number of ways. In the second the duty is said to have been not to permit the conduct of the receivership to be directed, dictated or influenced by the other defendants. In view of the way however in which the essential allegations are framed and the exact identity of the loss claimed on both causes of act...

5. Perkinson v CAC 10040 & Cooper & Le Mac [2011] NZREADT 32 [pdf, 116 KB]

   ...the sole agent’s client’s interests. 6.11 In relation to (c) above the question may be whether it was appropriate for Ms Le Mac to take steps on the transaction (including talking with the appellants) without clarity as to the role she was permitted to play on the transaction and clear communication with the appellants to that effect. 6.12 In relation to Mr Cooper, it appears the conduct in issue is that following an internal complaint by the appellants about Ms Le Mac, Mr C...

6. Macey v Whitehead - Hauiti Marae (2008) 180 Gisborne MB 31 (180 GIS 31) [pdf, 3.1 MB]

   ...reservation. In essence, she alleged impropriety on the pat1 of several of her fellow trustees. She claimed that Maria Whitehead "falsified" minutes of a meeting held in June 2006 to improperly include reference to a trustees' resolution permitting two of the beneficiaries to undertake refurbishment work on kaumatua flats located at the marae. [2] Ms Macey further alleged that Mrs Whitehead threatened her, acted aggressively and in an intimidating fashion during a mee...

7. CM v EC LCRO 295 / 2011 (17 October 2013) [pdf, 148 KB]

   ...lodged these with Australian immigration authorities. He provided his name and contact details on the forms. He did not meet the women, who were not in fact in New Zealand at the time. [13] The women’s passports contained forged New Zealand visa permits. Once this was discovered by New Zealand authorities, the Applicant was arrested and charged with two charges of dishonestly using a document, contrary to s 228(b) of the Crimes Act 1961. 4 [14] When he first appe...

8. LCRO Annual Report 2012 [pdf, 965 KB]

   ...this point are published on the LCRO’s website. Annual Report 2012 | Legal Complaints Review Officer 10 OPERATIONAL MATTERS The LCRO must conduct any review with as little formality and technicality, and as much expedition, as is permitted by: • the requirements of the Act; • a proper consideration of the review; and • the rules of natural justice. Hearings and reviews on the papers The LCRO can either consider matters in a hearing or, with the consent of t...

9. [2011] NZEmpC 28 Zhang v Sam’s Fukuyama Food Service Ltd [pdf, 149 KB]

   ...dismissed and sought reinstatement. Between the time of the dismissal and the Court hearing, the company had made structural changes to its operations. After describing the changes, the Court stated: In these circumstances it would be unjust to permit the employer to benefit from its structural changes by precluding Mr Ali’s reinstatement in employment that is an effective remedy for his unjustified dismissal. I find that although opposed by the employer’s managers and incon...

10. [2012] NZEmpC 48 Carter Holt Harvey Limited v McAuley [pdf, 134 KB]

    ...here that there is no suggestion of any of these being CHH’s reasons for engaging Mr McAuley on any of the fixed term agreements. [21] As this Court has held before, in enacting s 66 Parliament modified the previous common law position which permitted fixed term agreements to be entered into, except as constrained by other legislative requirements. Section 66 limited the circumstances in which fixed term agreements might lawfully be entered into by specifying prerequisites to t...