Search Results

1. [2013] NZEmpC 76 George v Auckland City Council and vice versa [pdf, 126 KB]

   ...proceedings against her for losses incurred by it as a result of her breach or breaches of her employment agreement, as has indeed transpired. [17] As has been said before, 2 s 148 imposes apparently watertight obligations of confidentiality about statements made in mediation for the purposes of that mediation. That is to encourage parties to disclose mutually the strengths and weaknesses of their cases and to promote settlements after reflection on those strengths and weaknesse...

2. [2013] NZEmpC 146 Strawberry Tree Ltd v Tuckett & Parr [pdf, 65 KB]

   ...upheld the defendants’ claims. The plaintiff was ordered to pay Ms Tuckett $620 for wages and $3,934.75 for holiday pay. Mr Parr was awarded $640 for wages and $1,147.70 for holiday pay. [4] On 28 November 2012, Mr Kavanagh filed a filed a statement of claim on behalf of the plaintiff. In that original statement, the plaintiff sought to challenge only some parts of the Authority’s determination. In it, Mr Kavanagh said I am happy to pay holiday pay but I have evidence that...

3. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...investigation meeting conducted by the Authority. The claims were dismissed in 1 Cronin-Lampe v Board of Trustees of Melville High School [2013] NZERA Auckland 249. their entirety. A statement of claim commencing the challenge was dated and filed 10 July 2013. It was accompanied by the determination, the subject of the challenge. The plaintiffs have since lodged an amended statement of claim with the Court in respect o...

4. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...On 18 December 2019, Mr Halse allegedly made a post on the CultureSafe NZ Ltd Facebook page where various allegations were made about Progress to Health which it says were derived from a confidential report prepared by it. [3] Mr Halse filed a statement of problem (dated 21 January 2020) in the Authority on behalf of Julie Nicholson in respect of three personal grievances. Progress to Health was named as respondent. [4] Progress to Health filed a statement in reply (dated 11 Febru...

5. Regulatory Impact Statement: Electoral Amendment Bill Advance Voting "Buffer Zones" and Prohibition on False Statements to Influence Voters [pdf, 200 KB]

   REGULATORY IMPACT STATEMENT ELECTORAL AMENDMENT BILL: ADVANCE VOTING ‘BUFFER ZONES’ & PROHIBITION ON FALSE STATEMENTS TO INFLUENCE VOTERS Agency Disclosure Statement This Regulatory Impact Statement has been prepared by the Ministry of Justice. It provides an analysis of options in relation to two issues which are proposed for inclusion in an Electoral Amendment Bill and/or Regulations. The two issues are:  a campaign-free ‘buffer zone’ around and inside adva...

6. Darby Trust v Auckland Council [2012] NZWHT Auckland 52 [pdf, 56 KB]

   ...granted leave to be excused from the remainder of the hearing. [11] The hearing thereafter proceeded on the basis that the Council was asserting rights of contribution from Mr Allen and Mr French. Mr Allen and Mr French advanced their own defences to the claimants’ claims against them. [12] In closing submissions received from the Council, the legal effect of Mr Allen presenting Council with a producer statement in the name of the plasterer was raised. It had not b...

7. [2024] NZEmpC 194 Soundhomes NZ Limited v Doughty [pdf, 231 KB]

   ...was employed for a longer period and there may be yet further information relevant to the company’s claims. The extent of the alleged irregularities is still under investigation with the assistance of a forensic accountant. [55] Accordingly, a statement of problem has not yet been filed, although it is intended that this step will be taken shortly. [56] A related issue concerns the extent to which the respondents may have actively disposed of assets with the intention of defeatin...

8. [2025] NZEmpC 67 Singh v Chand [pdf, 149 KB]

   ...Employment Relations Act 2000 in respect of Bimlesh Chand’s failure to comply with orders made by the Employment Relations Authority.1 [2] Mr Singh has applied for urgency and for an order abridging the time for which Mr Chand has to file his statement of defence to 14 clear days. This judgment resolves that application. 1 Singh v Chand [2024] NZERA 398; and Singh v Chand [2025] NZERA 26. [3] By minute dated 27 March 2025 I said Mr Chand was to file and serve any res...

9. [2007] NZEmpC AC 50/07 Service and Food Workers Union Inc v Spotless Services (NZ) Ltd [pdf, 30 KB]

   ...Appeal. Particulars of pleadings [17] Finally turning to particulars, I agree that Spotless should admit or deny whether it prevented affected employees from working but, equally, it can only do that if such an assertion is made expressly in the statement of claim. As I understand the position, Mr Cranney will now include an allegation to this effect in which case the defendant will have to address that specifically. [18] I accept also that the defendant’s current reference to...

10. [2023] NZEmpC 22 MGK Homes Ltd v Yoon [pdf, 179 KB]

    ...Authority. The Plaintiff is not challenging any findings against the Second Respondent, Mr Mingon Kang. [19] Understandably, MGK does not seek to challenge the Authority’s decision not to impose a penalty on MGK.9 [20] Mr Kang is not named in the statement of claim as a party to these proceedings. Ms Yoon filed a statement of defence in which she names Mr Kang as the second defendant. In the statement of defence, Ms Yoon contends that, as the matter is a de novo challenge,...