Search Results

1. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...the parties have towards each other so that their former constructive relationship might be restored. The pleadings [6] Following the determination removing the proceedings to the Court, the pleadings were settled in the form of an amended statement of claim and an amended statement of defence and counterclaim. Mr Fernandez filed a statement of defence to the counterclaim. [7] Mr Fernandez seeks a declaration from the Court that his dismissal was unjustifiable. He seek...

2. [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [pdf, 767 KB]

   ...Court prosecutions, Doug Blaikie. There was dialogue between Mr Blackie and the Police about the potential for diversion of Ms Wikaira from the court process. Although the plaintiff’s initial legal advice was that she may have had a viable defence to the charge (self-defence or defence of property), she would have had to admit the charge for the purpose of being diverted from the prosecution process as a first offender on a minor charge. Mr H, however, was again adamant that noth...

3. [2015] NZEmpC 151 ITE v ALA [pdf, 75 KB]

   ...directions conference tomorrow, 2 September 2015, which will timetable it to a hearing. The merits of the challenge have not, therefore, been ascertained. The Court has, nevertheless, considered the Authority’s determination, the plaintiff’s statement of claim, and the defendant’s statement of defence. [3] On 4 August 2015 the defendant applied by interlocutory application for an order prohibiting publication of the identities of the parties and such an order was consente...

4. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...to maintain the effective conduct of Meeting date: 31 January 2024 public affairs through the free and frank expression of opinions by or between or to Ministers of the Crown and employees of any public service agency. 5. Department Disclosure Statement Released in full. Cabinet Paper Appendix The departmental disclosure statement Office of the Minister of Justice attached to the paper is publicly available at Meeting date: 31 January 2024 http:// disclosure. legislation. govt. nz/...

5. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...have reasonable grounds to issue the code compliance certificate? ................................................................................................................. 50 Reliance on Council’s QA checklist and/or warranty as a producer statement in issuing a code compliance certificate..................................................................................... 56 Liability of Hempel (Wattyl) New Zealand Ltd, the fifth respondent ............................ 62 W...

6. [2007] NZEmpC AC 59/07 Paki v Panel Holdings Ltd [pdf, 18 KB]

   ...she had breached her employment agreement as found by the Authority. Ms Paki claimed compensation including $7,430.64 for holiday pay and sick leave, and $8,315.24 for lost wages. At the conclusion of what can only be described as a minimalist statement of claim, Ms Paki elected “a full hearing of the entire matter (a hearing de novo)”. [5] In response to a request from the defendant’s solicitors that it not be required to file a statement of defence, I considered that the...

7. Gibbons v Armour Guard [2018] NZHRRT 10 [pdf, 247 KB]

   ...Armour Guard employee, 1 [This decision is to be cited as Gibbons v Armour Guard (Strike-Out Application) [2018] NZHRRT 10]. 2 was acting as a security officer at the time and made a statement to the Police about the incident which Mr Gibbons believes to be false. Mr Gibbons subsequently telephoned Armour Guard about the incident and the statement made by Ms Thurgood. [2] In July 2016, Mr Gibbons complained to the Privac...

8. [2019] NZEmpC 60 Sexton v Lowe [pdf, 216 KB]

   ...[1993] 2 NZLR 641 (CA) at 644. 3 Employment Court Regulations 2000, reg 38(1)(b). 4 ASB Bank Ltd v Nel [2017] NZCA 559 at [17]. (c) Copies of timesheets for Mr Sexton from 1 March 2017 to 20 September 2017. (d) Jabroli Trust bank statements that have not been redacted. (e) A GST number for Jabroli Trust. (f) IRD and GST numbers for Mr Lowe. (g) Copies of any receipts for a Site Safe course or for any other induction courses relating to Mr Sexton. (h) Any d...

9. [2019] NZEmpC 174 Clearkin v Geneva Healthcare Ltd [pdf, 194 KB]

   ...November 2019 JUDGMENT OF JUDGE B A CORKILL [1] At a Judicial Settlement Conference held on 1 May 2019, the parties entered into an agreement settling all claims Bronwyn Clearkin had against Geneva Healthcare Ltd (GHL) on the basis of a statement of claim she had previously placed before the Court raising a challenge. [2] Some months later, Ms Clearkin filed a document stating that she now wished to claim penalties for failure to maintain wage records and client rosters...

10. [2015] NZEmpC 103 Whanau Tahi Ltd v Dasari [pdf, 90 KB]

    ...March 2015, however, s 70(1) of the Employment Relations Amendment Act 2014 altered s 179(1) to read: “… who is dissatisfied with a written determination”. Authority’s determination having been delivered on 17 November 2014, the statement of claim filed by Whanau Tahi on 17 December 2014 was not filed within the 28 days allowed for Whanau Tahi to do so under s 179(2) of the Employment Relations Act 2000 (the Act). [7] That memorandum objecting to the Court’s juri...