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1. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...acknowledged the Employment Court had jurisdiction to award interest, but under clause 14 of Schedule 3 of the Employment Relations Act 2000 (the “Act”) and not the Judicature Act. He observed that the remedies sought by the defendant in her statement of defence dated 17 April 2009 did not include interest. The prayer for relief did not include a general claim for such further or other relief as the Court might deem just. I also note that Mr Ponniah’s final submissions, see...

2. Consolidated Practice Directions 2016. [pdf, 139 KB]

   ...Act 2000, its inherent powers as a court of record and on the provisions of the Courts (Remote Participation) Act 2010. The Practice Direction will be reviewed after a reasonable time of its operation and may be amended accordingly. 5 3. Statements of defence to amended statements of claim 1. Following the practice of the High Court under High Court r 7.77, the following time limits apply to the filing of a statement of defence to an amended statement of claim. 2. Subje...

3. You have been charged with a category 4 offence

   ...opening remarks At the beginning of a trial, the judge will typically make opening remarks to the jury. (7)     Crown opening statement The prosecutor will then open the Crown case to the jury. (8)     Optional defence opening remarks Following the prosecutor’s opening statement, you may also wish to make a brief statement to the jury. This statement should briefly explain the nature of your defence and outline the issues which you say will arise in the...

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4. [2023] NZEmpC 151 Halse v Employment Relations Authority [pdf, 238 KB]

   ...principally Turuki’s application for costs. [6] Specifically, Mr Halse submits that of 21 occasions where I had issued rulings, 17 of those went against him. He also points to instances in previous judgments where he says I have made adverse public statements about him. The application he made in the case that was dealt with by Chief Judge Inglis was on the same basis. There is no basis for recusal [7] The guiding principle is that a judge should recuse themselves if, in the...

5. [2008] NZEmpC AC 8/08 Taylor & Anor v von Tunzelman [pdf, 39 KB]

   ...Authority directions and regulations and, therefore, facilitated its investigation. • The Authority found that the plaintiffs together failed on a number of occasions to participate in its investigation process including failing to lodge a statement in reply to the statement of problem in the time allowed to do so, failed to attend a preliminary conference as directed on 2 March 2007, failed to attend a re-scheduled preliminary conference on 12 March 2007, and failed to attend t...

6. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...(by email) Mr SC to act as instructing lawyer to a barrister [Mr FM] had “appointed” to represent him in defending Ms BA’s proceedings. [5] Mr SC agreed (by email) the following day, 1 March 2018. Later that day he received a copy of the statement of defence prepared by the barrister. [6] The company’s bank loan was due for payment in October 2018. During August and September 2018, Mr FM arranged, through a broker, a replacement loan from another bank. [7] Mr SC was ab...

7. AA v GQ LCRO 321/2013 [pdf, 142 KB]

   ...[Mr AA’s] instructions”.2 [5] Mr AA’s complaints included: (a) Mr GQ had not provided him with an audible version or a transcript of a 111 call made to the police by his nephew.3 (b) Mr GQ failed to provide Mr AA with a copy of a witness statement by Ms HH.4 (c) Mr GQ failed to obtain details of violent conduct on previous occasions by FF. (d) Mr GQ failed to obtain meteorological evidence that there was no moon on the night the assaults took place.5 [6] Mr AA assert...

8. EMPC Practical guide to litigating in the Employment Court [pdf, 286 KB]

   ...Airways Corporation of New Zealand Ltd [2014] NZEmpC 90. 13 Section 114(6). http://www.justice.govt.nz/courts/employment-court http://www.justice.govt.nz/courts/employment-court 4 If you are challenging a determination of the Authority, the statement of claim must be accompanied by a copy of the Authority’s determination. 14 The prescribed fee must also be paid at or before the time for filing a statement of claim. 15 The statement of claim must specify whether the c...

9. [2023] NZEmpC 147 Reddy v Employment Relations Authority [pdf, 192 KB]

   ...representative for Mr Reddy, that the Authority issue summons for 42 witnesses on Mr Reddy’s behalf (the Minute). In the case of four of the witnesses named, the Hamilton City Council (HCC) confirmed that they would be providing written witness statements and attending the investigation meeting. The Authority therefore determined that no summons was required for them. [2] In relation to the other proposed witnesses, the Authority determined that four of the people na...

10. [2022] NZEmpC 45 Teddy and Friends Ltd v Page [pdf, 160 KB]

    ...unjustified dismissal from the plaintiff company within the statutory 90- day timeframe and ordered that the investigation meeting of Mr Page’s personal grievance was to proceed as scheduled.1 [2] The defendant applies to the Court for leave to file a statement of defence in relation to this matter. 1 Page v Teddy and Friends Ltd [2021] NZERA 406 (Member Urlich). [3] I treat the application as one to extend the timeframe for filing under s 221(c) of the Employment Re...