Search Results

1. [2012] NZEmpC 119 LI v Huang [pdf, 57 KB]

   ...plaintiff became aware of the allegedly fraudulent documentation only during the course of the Authority’s investigation and at that stage it was not possible to obtain expert evidence on the alleged forgeries. That issue, therefore, did not form part of the Authority’s investigation. [6] In his statement of defence, Mr Huang strongly denies the allegation of forgery and he also denies that his employment agreement was subject to the alleged two conditions referred to above....

2. [2021] NZEmpC 152 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

   ...and an application to join parties) [1] Mr AlKazaz wishes to challenge a determination of the Employment Relations Authority (the Authority), essentially in relation to remedies.1 [2] Mr AlKazaz was successful in the Authority in a claim that he brought against Enterprise IT Ltd (Enterprise IT) for unjustifiable dismissal. As a result of the determination, Enterprise IT was ordered to pay Mr AlKazaz: (a) $22,999.99 gross in lost wages; and (b) $12,000 as compensati...

3. Bamber v Monschau - Tahorakuri A No 1 Sec 33A 2 (2019) 218 Waiariki MB 292 (218 WAR 292) [pdf, 415 KB]

   ...undertaking. He referred to the fact that Perpetual Guardian Trust has been engaged at a cost that the trust cannot afford and for which the Court has not released funds to pay for such services. Mr Te Nahu further noted that Aaron Bamber performs the secretarial functions for the trust but is not communicated with in relation to trust meetings and the like. Mr Te Nahu submitted that the majority trustees should be removed as they have enacted processes which have shown their com...

4. [2017] NZEmpC 61 Ahuja v A Labour Inspector [pdf, 166 KB]

   ...judgment. I directed that any such submissions were to be filed and served no later than 4 pm on Friday 12 May 2017, after which a judgment would issue. [9] Mr Bennett sought an extension of time for filing submissions, advising that medical information would be filed in support. The extension was granted until 5 Labour Inspector of Ministry of Business, Innovation and Employment v Ahuja [2017] NZERA Auckland 33 (costs). 6

5. Watts v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 62 [pdf, 188 KB]

   ...returned mid-August 2014 and was released mid-December 2014. The Court observes the available medical reports in evidence suggest a period of imprisonment from 4 June 2014 to 23 January 2015. Mr Hawes Gandar informed the Court that despite his request to Corrections for a specific release date, he had not received this information. In consequence, it appears Mr Watts’ actual term of imprisonment is unclear. What is clear is that Mr Watts was in prison at the time of injury....

6. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...____________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Treatment Injury s 32 Accident Compensation Act 2001] ____________________________________________________________________ [1] The appellant, Conrad Pentecost claims cover for hair loss as a result of a Kenacort injection applied to his right shoulder. The claim for a treatment injury was made in July 2018 for “the adverse reaction of hair loss to the Kenacort injecti...

7. [2015] NZEmpC 152 Juahm Industries Company Limited v Isnanto interlocutory [pdf, 93 KB]

   ...made by counsel for the defendants, as summarised at para [12] above. Mr Dawson’s error as to the calculation of time limits was unfortunate, but it was inadvertent rather than deliberate. Moreover, the plaintiff was, by service of the notice requesting particulars, aware the claim would be defended. There was a further difficulty with regard to obtaining instructions from overseas clients, but I infer from Mr Dawson’s affidavit that these were received as a result of the co...

8. [2014] NZEmpC 195 Davis v Commissioner of Police [pdf, 65 KB]

   ...1 Davis v Commissioner of Police ERA Auckland, AA 313/10, 5 July 2010. 2 Davis v Commissioner of Police [2013] NZERA Christchurch 134. 3 Davis v Commissioner of Police [2014] NZEmpC 152. 4 ARC 88/10. e) dealing with numerous requests for information or disclosure by or on behalf of the plaintiff; f) settlement initiatives; g) dealing with the late application for adjournment by Mr Davis. [5] In addition to the costs now claimed, the Commissioner also seeks...

9. [2020] NZEmpC 238 Neil v New Zealand Nurses Organisation [pdf, 211 KB]

   ...disclose no reasonably arguable cause of action, defence or case appropriate to the nature of the pleading, or are otherwise an abuse of the process of the Court. [2] The paragraphs deal with two alleged communications: (a) an alleged request for a bullying complaint to be put in writing (claimed in paras 136, 137(a), 137(b) and 136(c)); and (b) a claim that particular individuals said that the New Zealand Nurses Organisation (NZNO) office at Tauranga was dysfunctional a...

10. [2013] NZEmpC 177 Kereru Investments Ltd v Meads [pdf, 56 KB]

    ...$9,175 plus filing fees. The statement of claim was filed by Mr Scott Guthrie who the Authority noted was one of two directors of the plaintiff company. The other was Ms Michelle Guthrie. [2] In a minute dated 27 June 2013, Chief Judge Colgan requested what is commonly referred to as a “good faith report” pursuant to s 181 of the Employment Relations Act 2000 (the Act). The report was sought on the basis that the determination had recorded a failure by the plaintiff to par...