Search Results

1. [2021] NZEmpC 184 Coetzee v Oamaru Meats Ltd [pdf, 209 KB]

   ...relocating to New Plymouth, unexpected additional expenses caused by recent COVID-related lockdowns and his family’s income being adversely affected by an injury his wife has suffered that is not covered by ACC. [11] In the financial statement Mr Coetzee provided he listed his present income and expenditure. He earns $40 per hour with the ability to work overtime at penal rates. The outgoings he described include rent, electricity, food, repayment of two loans, and...

2. [2021] NZREADT 38 - Feng (29 July 2021) [pdf, 213 KB]

   ...concerning the car parks were wrong and misleading, corrective information was subsequently provided to the second respondent to clarify that the title to the property came with only one car park. Such corrective information could not, we found, be a defence to the misleading advertising. It can however be relevant to the question of the harm that was done to the second respondent and it is therefore relevant to the matter of penalty. Because the appellants did provide information...

3. [2025] NZEmpC  20 VKU v PHZ  [pdf, 147 KB]

   ...dispensed with. 1 VKU v PHZ [2023] NZERA 625. [2] The plaintiff was partially successful in the Authority. He was awarded the following: $12,000 in compensation, $5,000 gross in lost wages, and $8,000 gross in holiday pay.2 In his statement of claim, the plaintiff is claiming that the Authority miscalculated remedies and that it wrongly rejected his claim for unjustified action and associated remedies. [3] The plaintiff’s challenge was filed on 21 November 2023....

4. [2025] NZEmpC 25 Hurrell v Menopaws Ltd t/a Number 8 Café [pdf, 177 KB]

   ...has retained a representative who works on a “no win no fee” basis. The defendant extrapolated from that alleged arrangement that it does not appear the plaintiff has sufficient funds to pursue the litigation. The last ground is a general statement that, if the plaintiff is unsuccessful, she is unlikely to be able to pay costs associated with the proceeding. [5] The application was not supported by an affidavit describing any of the circumstances that might justify an order....

5. LCRO 195/2018 KW v LQ (26 June 2020) [pdf, 182 KB]

   ...a formality to some extend [sic] and their objective is to represent a client due to statutory requirements but not to defend him/her. As a rule, they [advocates] tend to agree with the prosecution’s position and fulfil a formal function of the defence. If you are happy with this, please email me and I will take this case if time still permits. [7] In the meantime, a Legal Aid provider (KI) had been appointed to act for KW and had already applied for bail for her. [8] On 25 Sept...

6. [2022] NZEmpC 140 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 222 KB]

   ...disadvantage, breach of her employment agreement and breach of good faith by the University of Auckland (the University). There are two preliminary issues that are resolved by this judgment. [2] First, Dr Wiles applies to file an amended statement of claim. [3] Second, the University objects to parts of the evidence filed on behalf of Dr Wiles. The substantive proceedings [4] The substantive proceedings relate to alleged actions and inactions of the University...

7. [2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie [pdf, 167 KB]

   ...unjustifiably dismissed. The investigation meeting in the Authority was dealt with on the papers filed. The preliminary issue, which the Authority decided in Mr McKenzie’s favour, was whether the plaintiff, Farmer Motor Group Ltd (FMG) had a defence based on the fact that the employment agreement contained a 90-day trial period under s 67A of the Employment Relations Act 2000 (the Act). The Authority determined that while such a trial period was contained in the agreement, the...

8. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...unjustifiably dismissed, lost earnings equal to three months’ pay and compensation under s 123(1)(c)(i) of the Act of $20,000. Costs in both the Court and Authority were claimed. [9] Although the proceeding was served on the Club it did not file a statement of defence or attempt to enter an appearance at the hearing. [10] While Mr Butler challenged the whole of the substantive determination, he did not seek to disturb most of its findings concentrating, instead, on seeking to...

9. Allan v Christchurch City Council [pdf, 81 KB]

   ...O’Donnell (m) Mr B O’Fagan Written evidence before the Tribunal: (i) WHRS documents (ii) Experts’ conference agreement (iii) Assessor’s report (iv) Procedural orders Claimants Written Evidence (v) Witness statement of William Allan dated 18 May 2009 (vi) Witness statement of Gillian Allan dated 18 May 2009 (vii) Brief of evidence of Murray Humm, Expert (viii) Moisture damage report by Murray Humm (ix) Witness statement of Murray Humm in repl...

10. DV v WE LCRO 172 / 2010 (17 August 2011) [pdf, 64 KB]

    ...proceedings against the Respondent and Mr WD. In a reserved judgement in respect of those proceedings, Judge Hubble commented that “in my judgement these words are obviously defamatory. The emotive content indicates malice and I cannot see how a defence of fair comment, honest opinion or truth could possibly be raised. (DW & others against WE and BK) WD CIV 2010-004-XXXX at para 4). [12] By any measure the comments would seem to offend against Rules 10 and 10.1 of the Lawy...