Search Results

1. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...BETWEEN JOHN MATSUOKA Plaintiff AND LSG SKY CHEFS NEW ZEALAND Defendant Hearing: On the papers - applications, notices of opposition and supporting and accompanying affidavits and affirmations and other documents filed between 8 August 2017 and 19 March 2018 Appearances: R E Harrison QC and M O’Brien, counsel for plaintiff C Meechan QC, A Borchardt and D Erickson, counsel for defendant G Pollak, counsel for non-parties Zambion Ltd and PSG P

2. [2014] NZEmpC 81 Kellerman v Stoneware 91 Limited t/a Swtiched On Gardener [pdf, 60 KB]

   ...BRENDAN KELLERMAN v STONEWARE 91 LIMITED t/a SWITCHED ON GARDENER NZEmpC WELLINGTON [2014] NZEmpC 81 [22 May 2014] IN THE EMPLOYMENT COURT WELLINGTON [2014] NZEmpC 81 WRC 27/13 IN THE MATTER OF an application for leave to file challenge out of time AND IN THE MATTER of an application to file notice of opposition out of time BETWEEN BRENDAN KELLERMAN Applicant AND STONEWARE 91 LIMITED t/a SWITCHED ON GARDENER Respondent Hea...

3. [2023] NZEmpC 9 Halse v Employment Relations Authority [pdf, 162 KB]

   ...stay the determination of the issue of costs (that being the only outstanding issue). The basis of the application is that it is necessary to prevent a further miscarriage of justice occurring pending the resolution of an appeal that is yet to be filed. [3] The second respondent filed a notice of opposition and memorandum in support. [4] While counsel for the second respondent considered that the matter was ready for hearing then and could be dealt with on the papers, Mr Hals...

4. [2019] NZREADT 39 - Feschiev - Ruling [pdf, 294 KB]

   ...Respondent AND NICOLA CRUICKSHANK and TOMMY’S REAL ESTATE LIMITED WELLINGTON Second Respondents On the papers Tribunal: Hon P J Andrews (Chairperson) Mr J Doogue (Member) Mr N O’Connor (Member) Submissions filed by: Mr Feschiev, Appellant Ms E Woolley, on behalf of the Authority Ms S Baigent, on behalf of Ms Cruickshank and Tommy’s Real Estate Limited Wellington Date of Ruling: 9 September 2019 ___________________...

5. [2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [pdf, 168 KB]

   ...summarised as follows. In essence it was considered that a challenge could appropriately be pursued through a positive defence, which Mr Hadfield advanced in his statement of defence to the company’s statement of claim. The statement of defence was filed within the statutory timeframe for doing so. The positive defence sparked an objection by the company, and orders were sought that it be struck out. That application was actively defended on Mr Hadfield’s behalf, but it was...

6. How document disclosure works

   ...in issue and are in that party’s possession, custody or control. If the other party believes that you have requested a document that is not relevant, they can ask the Court to determine its relevance or if it is privileged. You do not need to file this notice. Within 14 clear days of being served with a notice requiring disclosure, the other party must: assemble all the relevant documents, including original version of these where they are available make a list of or index of documents...

   Located in:

   1. Employment Court >
   2. What to expect at the Employment Court

7. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

   ...DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 Introduction [1] Mr Tai Rakena is currently serving a sentence of imprisonment at Whanganui Prison. He is due for release is August 2017. [2] To date he has filed two proceedings with the Tribunal (HRRT058/2016 and HRRT011/2017) and has now presented for filing an intended third set of proceedings. In this decision we address those third intended proceedings which will be referred to as HRRT025/2...

8. [2018] NZEmpC 49 Talbot Agriculture Ltd v Wate [pdf, 257 KB]

   ...a determination of the Employment Relations Authority AND IN THE MATTER of an application to extend time BETWEEN TALBOT AGRICULTURE LIMITED Plaintiff AND FRANKLYN WATE Defendant Hearing: On the papers filed on 7, 8 and 14 May 2018 Appearances: D Caldwell, counsel for plaintiff J Horan, advocate for defendant Judgment: 18 May 2018 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE K G SMITH [1] Franklyn Wate has applied...

9. [2022] NZACC-173 — Cockburn v ACC (12 September 2022) [pdf, 160 KB]

   ...ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: J Magee for the Appellant R Wanigasekera for the Respondent Date of Judgment: 12 September 2022 JUDGMENT OF JUDGE P R SPILLER [Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001] Introduction [1] The appeal in the above matter was lodged by Mr Cockburn on 22 August 2022. The appeal is from the decision of a Reviewer dated 21 July...

10. [2022] NZACC 95 - Watson v ACC (19 May 2022) [pdf, 168 KB]

    ...[Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001] Introduction [1] The appeals in this matter were lodged by Ms Watson as follows: (a) Appeal ACR 214/21 was lodged on 16 September 2021. The appeal was filed in respect of a decision of a Reviewer dated 17 August 2021, declining jurisdiction to consider Ms Watson’s claim for deemed cover for a chronic regional pain syndrome. 2 (b) Appeal ACR 236/21 was lodged on 19 October 2021. The...