Search Results

1. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...Jinkinson now wishes to have decided must be dealt with by the Court. The current statement of claim does not state with sufficient clarity or particularity what that issue is. The next step should therefore be for an amended statement of claim to be filed in the form required by regulation 11 of the Employment Court Regulations 2000. That is to be filed and served within 28 days of the date of this judgment. Oceana Gold will then have 30 days after the date of...

2. [2006] NZEmpC AC 72/06 Williams v Kimberleys Fashions Ltd [pdf, 85 KB]

   ...humiliation, loss of dignity and injury to her feelings of $30,000; interest on lost income; and costs. [4] The proceedings were originally commenced in the Employment Relations Authority resulting in an outcome unfavourable to the plaintiff. She filed a challenge against the determination of the Authority and sought a hearing de novo. Employment Relations Authority determination [5] The Authority determined, following its investigation, that a disciplinary meeting conducted in a...

3. Brown v REAA & Wealleans [2011] NZREADT 42 [pdf, 141 KB]

   ...be laid against Ms Brown and a charge was accordingly laid. The charge has not progressed however because Ms Brown immediately appealed the decision of the Complaints Assessment Committee by Notice of Appeal dated 20 April 2011. Her solicitor has filed on her behalf a detailed Notice of Appeal. Her grounds of appeal are: (i) The procedure adopted by the Complaints Assessment Committee breached the rules of natural justice. (ii) The decision reached by the Committee was plainly w...

4. Trustees of Te Waiti 2C2 v Allison - Te Waiti No2C No2 (2014) 107 Waiariki MB 115 (107 WAR 115) [pdf, 245 KB]

   ...telephone conference with the parties on 7 February 2014 and set the matter down to be heard in June at Te Kaha. Following that on 17 February 2014 I issued a number of timetabling directions to the parties. 5 On 10 March 2014 the respondents filed further particulars in relation to their application in protest of the Courts jurisdiction to deal with the applications. [6] Upon receipt of those submissions I issued further directions on 18 March 2014 6 indicating that I propose...

5. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...Defendant AND KINGSLEY JOHN GAINSFORD Defendant AND DARRELL JAMES CROZIER Defendant AND d'ARTAGNAN RICHARD KENNEDY Defendant Hearing: 11-13 November 2013 and 12-13 March 2014, and additional submissions filed on 25 March and 4 April 2014 Appearances: M Dew, counsel and A Choi, advocate for plaintiff K Dalziel and P Brown, counsel for defendant Judgment: 20 May 2014 JUDGMENT OF JUDGE CHRISTINA INGLIS In...

6. [2015] NZEmpC 192 Lim v Meadow Mushrooms Ltd [pdf, 192 KB]

   ...Lim had travelled to Cambodia. It was accepted that a claim for more than three months’ lost remuneration could not be maintained. Accordingly, the challenge was confined to the issue of distress compensation. [21] The statement of claim filed for Mr Lim asserted that the Authority had taken insufficient notice of Mr Lim’s distress arising from the factors giving rise to his personal grievance, especially having regard to the circumstances of the search. It was further asse...

7. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...Authority), wherein Pekanga O Te Awa Farms Limited (Pekanga) was ordered to pay a penalty of $500 for multiple breaches of the Minimum Wage Act 1983 (MWA) and the Holidays Act 2003 (HA). 1 Pekanga was also ordered to pay $71.56 as reimbursement of a filing fee. [2] The focus of the challenge as to penalty is on quantum. It is submitted by counsel for the Labour Inspector, Ms Milnes, that having regard to eight alleged breaches, a more significant penalty should have been imposed...

8. Guest v New Zealand Law Society [2010] NZLCDT 16 [pdf, 69 KB]

   ...received this amount from a client in cash at a Court hearing and he had kept this sum for himself, justifying this action on the basis that he was not being properly recompensed for his work and expenses. The Appellant then swore and filed an Affidavit in which this matter was addressed and at all times then and afterwards the Appellant accepted that he had acted very wrongly in taking the sum of $100.00. In our Decision of 6 October 2009 we dealt with this issue in t...

9. [2014] NZEmpC 49 Patel v OCS Ltd [pdf, 117 KB]

   ...plaintiff was dismissed from her employment with the defendant on 20 March 2013. She subsequently pursued a claim for unjustified dismissal in the Employment Relations Authority (the Authority). The Authority dismissed her grievance and she has filed a challenge against that determination. 1 [2] The defendant’s contract with the Auckland District Health Board (ADHB) is coming to an end on 31 March 2014. The plaintiff sought, and was granted, urgency in the hearing of her cha...

10. Munro-Anderson & Ors as Trustees of the Munro-Anderson Trust v Reed [pdf, 62 KB]

    ...1. BACKGROUND 1.1 The Claimants lodged a claim under the Weathertight Homes Resolution Services Act 2002 (“the WHRS02 Act”). The claim was deemed to be an eligible claim under the WHRS02 Act. The Claimants filed a Notice of Adjudication under s.26 of the WHRS02 Act on 16 December 2005. 1.2 Adjudicator Scott was assigned the role of adjudicator to act for this claim, and he convened a preliminary conference by telephone on 21 June 2006, for th