Search Results

1. [2019] NZEmpC 19 Waste Management New Zealand Ltd v Jones [pdf, 321 KB]

   ...the leave of the Court.2 [4] On 13 February 2019 Mr McDonald, Ms Jones’ representative, filed an application seeking an extension of time to file a statement of defence. An extension of a further 14 days from the date when leave is granted was requested. Four grounds were relied on supported by Mr McDonald’s memorandum. Underlying each of those grounds was that the omission to file the statement of defence was not Ms Jones’ fault. The grounds included that the length of th...

2. [2019] NZEmpC 196 A v N Ltd [pdf, 130 KB]

   ...plaintiff. Compensation therefore amounted to $7,320. [3] Even though the matter of costs was reserved by the Authority in its determination, no application for costs was made to the Authority and it never awarded costs. [4] The plaintiff now claims costs in respect of both the Authority and the Court proceedings. [5] The plaintiff was in receipt of a grant of legal aid in respect of both the proceedings before the Authority and the non-de novo challenge commenced in the...

3. LCRO 66/2021 OW v HP (11 June 2021) [pdf, 116 KB]

   ...justify a fee of $1,296.59. [6] Ms OW would like a refund of $300. Review on the papers and Strike Out [7] This review has been undertaken on the papers pursuant to s 206(2) and struck out pursuant to s 205(1)(a) of the Act. 3 [8] The former section allows a Legal Complaints Review Officer (LCRO) to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. I record that ha...

4. LCRO 124/2017 RG v XP (4 December 2018) [pdf, 250 KB]

   ...husband’s interlocutory application to extend a notice of claim in respect of real estate property. The wife had filed a notice of defence with the promise to file her evidence by [date] August. 4. Following inquiries with the registry I was informed the wife had not filed any affidavits regarding the notice of claim action. I now know this information to have been unreliable. A date stamp on correspondence from counsel for the wife addressed to the Court clearly shows the affidavi...

5. Moyer v Accident Compensation Corporation (Personal Injury) [2024] NZACC 210 (19 December 2024) [pdf, 338 KB]

   ...skin). [23] On 27 April 2023 Dr Ryder-Lewis, having reviewed the contemporaneous medical records, responded - The primary point at issue is the cause of the lip damage and whether that was bacterial or viral (HSV) or both. None of the doctors requested a viral swab but more than one bacterial swab was taken showing an initial heavy growth of staphylococcus aureus bacteria. I note that after the ENT review he was not treated with antiviral medication, no viral swab was taken and th...

6. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...not otherwise change. [26] From April 2007, Mr M Wilson was presented regularly with payslips which had the name Bruce Wilson Painting & Decorating Limited printed on it. An accountant produced these payslips for the company. Their format contrasted with the handwritten “wage receipts” previously provided on behalf of Mr B Wilson which had clearly indicated that he personally was the employer. [27] Although it is clear that BWPDL paid wages from 1 April 2005 to

7. [2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong [pdf, 320 KB]

   ...should be advised so it could be arranged. [43] I am satisfied Mr Armstrong received this letter. At this stage, however, he had not been told his role would be considered for redundancy by way of a particular selection process, and so did not request a further consultation meeting. [44] The position concerning Mr Haika is, however, less straightforward. That is because he was focused on obtaining a copy of his individual employment agreement (IEA), rather than the letter. An IE...

8. [2017] NZEmpC 84 The Chief Executive of the Ministry of Social Development v Tuilaepa [pdf, 205 KB]

   ...near the telephone to do so. At the conclusion of the call he was upset and remained sitting on the chair preventing others from making their calls. Several times Ms Angel Siau, a youth worker, asked YPA to move. He did not respond to those requests and was asked by Ms Siau to go to the time-out room. He did not respond so Ms Siau then dragged the chair, with YPA still sitting on it, into the time-out room. To some extent YPA was compliant because he did not attempt to move fr...

9. Goel v Barron [2022] NZHRRT 28 [pdf, 217 KB]

   ...employment. [15] There is no statutory definition of “applicant” in the HRA, so that term is to be construed in accordance with its ordinary or natural meaning. The online Oxford English Dictionary defines an applicant as simply a person who makes a request or a person who applies for some assistance or benefit. Likewise, “apply” is defined to include putting oneself forward as a candidate for a position, especially in a recruitment or selection process. There is no particula...

10. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

    ...any event, this procedural issue flows from the failure to provide Mr Williams’ statement. Because Mr Morunga was unaware he was not identified in Mr Williams’ statement, he did not raise the issue of identity. Had he done so he could have requested that Mr Williams explain why he had not identified a perpetrator. I find the primary procedural flaw in this instance was the failure to provide Mr Williams’ statement and consider it is preferable to consider this issue as an a...