Search Results

1. [2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter [pdf, 270 KB]

   ...issued a determination in respect of a number of personal grievances raised by the defendant, Ms Hunter, against the plaintiff, Medina Trading Ltd.1 [3] Mr Towner, on behalf of the plaintiff, challenged the determination on 11 August 2023. The statement of claim included the following paragraph: 1 Hunter v Medina Trading Ltd (t/a Hotel Debrett) [2023] NZERA 374 (Member Fuiava). The plaintiff seeks a full hearing of the entire matter (a hearing de novo), except in r...

2. [2010] NZEmpC 108 MacBeth v Cookie Time Limited [pdf, 22 KB]

   ...made a joint application to remove the matter into the Court for hearing and determination. The Authority granted that application on 7 December 20071. [5] In the Court, the matter initially proceeded in the usual way. On 24 January 2008, a statement of claim was filed. A statement of defence was filed on 26 February 2008. I then held a telephone conference with counsel on 10 April 2008, the outcomes of which were recorded in a minute issued the following day. The plaintiff...

3. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...Appearances: H B Rennie QC and Penelope Ryder-Lewis, Counsel for the Plaintiff J G Miles QC, Counsel for the Defendant Judgment: 2 November 2007 JUDGMENT OF JUDGE C M SHAW [1] This is an application for further and better particulars of the statement of claim made by the defendant in the proceedings. Relevant principles of law [2] Regulation 11 of the Employment Court Regulations 2000 requires a statement of claim to include: • The general nature of the claim; ...

4. BORA Customs Levies and Other Matters Amendment Bill [pdf, 179 KB]

   ...must bear the burden of proof. 14. Strict liability offences prima facie limit section 25(c) of the Bill of Rights Act because they may be proved by finding that certain facts occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 15. Strict liability offences have been found more likely to be justifiable where: a. the offences are regulatory in nature and apply to persons part...

5. [2022] NZEmpC 19 Kang v Saena Company Ltd [pdf, 175 KB]

   ...issues could be dealt with on the papers filed, and in light of oral submissions advanced during the course of a telephone conference on 4 February 2022. The three applications are: an application by the plaintiff for leave to amend their statement of claim; an application by the plaintiff to exclude a document from the bundle; and an application by the plaintiff to exclude two paragraphs from a witness’s brief of evidence on the basis that they contain inadmissible state...

6. [2024] NZEmpC 124 Xenia Group Limited v George [pdf, 165 KB]

   ...will become immediately enforceable. (c) The monies are not to be paid out until further order of the Court. [5] For completeness I deal with an additional issue raised by counsel in their memorandum in respect of the plaintiff’s amended statement of claim. An order is sought under reg 19 of the Employment Court Regulations 2000 that the defendant not be required to file a statement of defence to the plaintiff’s original claim. The plaintiff’s original claim has been sup...

7. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...documents which remain for consideration. Analysis Categories 3 and 4: pay records and employment agreements [10] An issue in the proceeding concerns the pay steps on which Mr Wilson was placed. It arises from the following paragraphs of the statement of claim: 10. The Plaintiff should have been paid as a Lecturer commencing at L11 salary step of his employment agreement, with automatic annual increments up to the L13 salary step thereafter at the rates set out in subseque...

8. [2024] NZEmpC 224 Kongbang v Lotus Touch Ltd [pdf, 192 KB]

   ...Gane). Kongbang various sums.2 However, it determined that the second defendant, Craig Johnson, was not involved in Lotus Touch’s breaches and that, as a result, Ms Kongbang was not permitted to recover sums from him.3 [3] In her statement of claim, Ms Kongbang seeks an order, pursuant to s 142W of the Employment Relations Act 2000 (the Act), that Mr Johnson was involved in breaches of employment standards. She also seeks an order, pursuant to s 142Y of the Act, permi...

9. [2018] NZEmpC 116 Hollinshead v Davey [pdf, 237 KB]

   ...file their challenge was filed on 13 June 2018 and, by memorandum dated 29 June 2018, the parties advised the Court that Ms Hollinshead agreed to the extension of time. [7] The extension of time was granted and Mr Davey and CNR Investments’ statement of claim was filed by email on 10 July 2018. [8] Ms Hollinshead attempted to file a statement of defence on 16 July 2018, which included her counter-claim. She was advised that she would have to file a separate challenge; she c...

10. [2016] NZEmpC 92 Patel & Anor v Sharma [pdf, 90 KB]

    ...findings of credibility against them and the financial award to Mr Sharma. They specifically pleaded that the diary relied on by the Authority to make adverse findings had, in fact, been tampered with by Mr Sharma. Not surprisingly Mr Sharma’s statement of defence does not accept the plaintiffs’ claims and he strenuously disputes their allegations. [11] The plaintiffs applied for a stay of execution of the determination on the same day as they filed their challenge. The plaint...