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Cases

Notable cases where Catherine has appeared as counsel include the following:






Ramkissoon v Commissioner of Police [2018] NZCA 304

Acting as counsel in the Court of Appeal for former police officer in case involving constructive dismissal and jurisdictional issues

 

Nel v ASB Bank Limited [2018] EmpC68

Employment Court consent orders in relation to successful resolution of longstanding litigation involving challenge to serious misconduct dismissal

 

Nel v ASB Bank Limited [2018] NZEmpC 59 

Application to Employment Court to exclude evidence in contested matters for longstanding litigation

 

Nel v ASB Bank Limited [2017] NZCA 559

Successful defence in the Court of Appeal of applications for leave to appeal discovery and strike-out issues

 

Nel v ASB Bank Limited [2017] NZEmpC 56 

Successful challenge to objections to discovery resulting in Employment Court ordering disclosure of Human Resources files in relation to "disparity of treatment" conduct

 

Stormont v Peddle Thorp Aitken Limited [2017] NZEmpC12

Successful Employment Court de novo challenge for unpaid bonus and unjustified redundancy resulting in awards of lost wages, compensation and bonus being paid, and subsequent record costs award

 

Ramkissoon v Commissioner of Police [2017] CA 558

Successful application for leave to Court of Appeal on specific issues of law

 

Warren v TR Group [2017] NZERA Auckland 336

Case involving unjustified dismissal during fixed term and breach of good faith

 

Labour Inspector of MBIE v Gujarat Cuisine 2012 Limited [2017] NZERA Auckland 37

Successful defence of claims brought by Labour Inspector against restaurant resulting in nil penalties

 

Ken Miller v Metropolitan Glass and Glazing Limited [2016] NZERA Auckland 188

Successful claim for unjustified dismissal resulting in substantial monetary awards and reinstatement to former position

 

Hally Labels Limited v Powell, Employment Court [2015] NZEmpC 92 15 June 2015

Successful defence of wide range of claims in the Employment Court including breach of good faith and fidelity and breach of employment agreement

 

Powell v Hally Labels Limited, Court of Appeal [2014] NZCA 572

Counsel in Court of Appeal successfully overturning a prior costs decision in longstanding and complex litigation spanning both the civil and employment jurisdictions

 

 

 

 

 

 

 

Manoharan v Chief Executive of Waiariki Institute of Technology [2011] NZERA Auckland 427

Successful claims for unjustified dismissals of two employees and successful application for contempt in relation to employer's obstruction of Authority's process

 

Faulkner v Secretary for Justice (ERA 11/04/2011)

Successful claims for unjustified dismissal and discrimination on the grounds of union activities

 

Allen v Transpacific Industries Group Ltd (t/a "Medismart Ltd") Employment Court (2009) 6 NZELR 530 (EMC)

Counsel for company in case involving serious misconduct dismissal and issues of mitigation of loss

 

Charleston v University of Waikato AEA 56/04 28/09/2004

Counsel for University of Waikato in successful defence of claims of unjustified dismissal and unjustified disadvantage

 

NZ Dairy Workers Union Inc v New Zealand Milk Products Court of Appeal [2004] 1 ERNZ 376

Counsel appointed by the Court of Appeal to advise the Court (amica curiae) on issues relating to preference of union or non-union members in collective bargaining

 

New Zealand Dairy Workers Union Inc v NZMP, Employment Court [2002] 1 ERNZ 361

Counsel appointed by the Employment Court to advise the Court (amica curiae) on issues relating to preference of union or non-union members in collective bargaining

 

Austin v Vice Chancellor, University of Auckland (EMT, 19/09/02)

Counsel for University of Auckland successfully defending claim by lecturer for retirement payment

 

Brown v Vice-Chancellor of the University of Auckland (ERA, 01/05/02)

Counsel for University of Auckland successfully defending redundancy claim

 

Gilbert v Attorney-General, Employment Court [2000] 1 ERNZ 332

Counsel in landmark case on stress in the workplace; client awarded substantial compensation and arrears of wages. Case remains leading authority on workplace stress to the present day

 

Wealthall v MacCormick, acting Vice-Chancellor of the University of Auckland, Employment Court (EMC, 17/07/1998)

Successful defence of interlocutory injunction for reinstatement of lecturer to position with University of Auckland

 

Gilbert v Attorney-General, Employment Court [1998] 3 ERNZ 500

Successful application for disclosure of medial records and other documentation in landmark case on stress in the workplace

 

Auckland College of Education v Hagg, Court of Appeal [1996] 1 ERNZ 150

Counsel in landmark case on fixed term contracts