Search Results

1. [2011] NZEmpC 97 Quan Enterprises Ltd v Fair [pdf, 65 KB]

   ...Ms Wickes, on behalf of the plaintiff, stated: 2. It appears from the affidavit sworn by the Defendant, she received that statement of claim on 18 January 2011 yet took no steps to file a defence at that stage. [10] Subsequently, the Court requested a further affidavit clarifying certain factual matters and it was not until that affidavit from Mr Fair was received on 7 July 2011 that it became clear that all Mrs Fair had received on 18 January 2011 had been the determination of...

2. Doria v Diamond Laser Medispa Taupo Ltd (Stay) [2019] NZHRRT 20 [pdf, 171 KB]

   ...the hearing. [7] A procedural teleconference was scheduled to take place on 7 February 2019. Prior to the teleconference, Mr Brant filed a memorandum confirming his instructions to take review proceedings in respect of the strike-out decision and requesting that the teleconference be adjourned for two weeks, by which time the proceedings would have been filed and served. This adjournment application was granted, and the teleconference was rescheduled to 21 February 2019. 3 [8]...

3. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...junior barrister who assisted Mr CD on aspects of the work, issued two invoices to Mr CD. Complaint (1) Initial complaint [15] Ms AB lodged a complaint with the Lawyers Complaints Service on 28 February 2017. [16] As noted above, Ms AB claimed Mr CD failed to act in her best interests (a) by not submitting her 8 October 2015 counteroffer to the vendors, (b) by not advising her about the alternatives to litigation to resolve the dispute and (c) by not, as she had requested,...

4. [2020] NZEmpC 43 A Labour Inspector v Matangi Berry Farm Ltd [pdf, 423 KB]

   ...total arrears of holiday pay, minimum wages, public holiday pay and 8% of the minimum wage and public holiday pay figure of 89 workers post 1 April 2016. The hearing as to penalties [10] Prior to the hearing, the parties submitted evidence in the form of an agreed summary of facts, an affidavit from the Labour Inspector, an affidavit from Mr Jiang, and a comprehensive bundle of documents. It was agreed that there was no need for cross-examination. [11] So as to set the scene...

5. Mitchell v Accident Compensation Corporation [2019] NZHRRT 29 [pdf, 206 KB]

   ...course of visits to potential work places arranged by ACC, he is accompanied by two security guards. Mr Mitchell finds this demeaning and humiliating. He also considers that this ensures he has no chance of being employed. [17] In late 2012, ACC requested a clinical psychologist, Thomas Neser, to provide a psychological assessment of Mr Mitchell. Mr Neser had previously been employed by ACC between 2008 and 2011 for approximately eight hours a week working in the ACC Sensitive Claims...

6. [2024] NZEmpC 64 Joyce v Ultimate Siteworks Ltd [pdf, 250 KB]

   ...calculation. We require that the ute is returned immediately by close of business as this is company property. We are entitled to require the immediate return of the ute per your employment agreement (even if you have not resigned) and have already requested this. Failure to return the ute is a Police matter and will be dealt with accordingly. [21] Mr Joyce responded by text, saying “But I haven’t resigned” and in another “being told your fired or not to come back is p...

7. AA v BK, BL & BM LCRO 264 / 2012 (25 July 2013) [pdf, 184 KB]

   ...1 M A C v M A C FAM Rotorua 2007-063-000652 2 December 2011 at [2]. 2 Above n1 at [4]. 2 as a preliminary matter, an Order setting aside a relationship property Agreement entered into by Mr and Mrs AA prior to their marriage. Mrs AA claimed half of all the assets held through the various companies and trusts. [4] Mr BM had previously acted for Mr BL in respect of commercial matters with which Mr AA was involved and introduced him to Mr BL. Mr AA was concerned to ensure...

8. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...[4] On 21 July 2017, Mr Turner was removed as a registered owner from the Kiwi House Sitters website. His continued membership was considered, by Mr Fuad, to give rise to duty of care issues. [5] On 5 June 2018, Mr Turner (through his lawyer) requested copies of all personal information held by Kiwi House Sitters about himself. In a letter to Kiwi House Sitters, Mr Turner’s lawyer said it was anticipated that the personal information would include communications between Kiwi House...

9. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...respondent relevantly stated that “… the information relied on by [the applicant] in his complaint is information that has been obtained unlawfully… [and is] … protected by solicitor and own client privilege which has not been waived.” [33] She requested that “… NZLS first make a determination as to whether I should be required to respond to a complaint based entirely on confidential and privileged emails which were allegedly illegally accessed by [the applicant] without ou...

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

    ...AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PAINT (NZ) Ltd Fifth Respondent AND WILTON JOUBERT LTD Sixth Respondent Hearing: 22–26 May 2023 Closing submissions: Claimants 21 June 2023 Fourth respondent’s cross claim closings 28 June 2023 Respondents...