Search Results

1. [2007] NZEmpC AC 54/07 Panovski v Marine Trimmers and All Awnings 2004 Ltd [pdf, 18 KB]

   ...October 2007 (Heard at Auckland) Appearances: Glenn Finnigan, counsel for plaintiff Michael Robinson, counsel for defendant Judgment: 24 October 2007 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has applied for leave to file his statement of claim out of time. His application was opposed by the defendant. The application was set down for hearing on 25 October 2007 as a defended matter. [2] The plaintiff had posted by mail, on 20 August 2007, a statement of claim...

2. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...commenced relate to that. The relief variously sought includes payment of money, interest, an account inquiry and costs. [3] A preliminary issue has arisen under the Limitation Act 1950. The plaintiff’s pleadings [4] The original statement of claim filed with the Court in October 2001 set out three heads of claim and damages. No cause is specified but it is clearly based on breach of contract. [5] The plaintiff has delayed advancing his claim. Several case manageme...

3. [2019] NZEmpC 22 Zhang v Telco Asset Management Ltd [pdf, 319 KB]

   ...not respond until 23 October 2018, stating that his case load was full and that he could not assist. [18] In the meantime, on 18 October 2018, Mr Zhang contacted a yet further law firm, asking to see a named lawyer to discuss how to prepare a statement of claim. After an exchange of further emails, he was told that the firm was not taking on new clients for another week, due to workload. He was told that if he could not locate a lawyer at short notice, he should contact the Com...

4. [2023] NZEmpC 209 Osborne v Callaghan Innovation [pdf, 239 KB]

   ...22 November 2023 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH (Application to strike out part of the pleadings) [1] On 14 July 2022, the Employment Relations Authority issued a determination ostensibly dealing with one aspect of claims David Osborne made against his former employer Callaghan Innovation: its jurisdiction over an alleged breach of the Protected Disclosures Act 2000.1 1 Osborne v Callaghan Innovation [2022] NZERA 323 (Member O’Sullivan). The Act

5. [2012] NZEmpC 80 Premier Events Group and Anor v Beattie and Ors [pdf, 64 KB]

   ...continuation of that proceeding against it of either the liquidator or the High Court means that the claim cannot proceed against it. [5] On 5 October 2011 the solicitors for Messrs Beattie and Regan filed what is entitled a “Second Amended Statement of Claim dated 5 October 2011”. This followed, by only a matter of days, the filing of predecessor documents, a marked up second amended of claim dated 1 October 2011 and, at the same time (on 3 October 2011), an unmarked versio...

6. [2011] NZEmpC 141 Silver Service Skips Ltd v Little [pdf, 70 KB]

   ...grievance and the Employment Relations Authority determined 1 that she had been unjustifiably dismissed. Ms Little was awarded compensation of $5,000. [3] The Company challenged the whole of that determination and sought a hearing de novo. The statement of claim was filed on 10 February 2011 and served on Ms Little on 16 February 2011. 1 [2011] NZERA Christchurch 7, 14 January 2011. [4] Regulation 19 of the Employment Court R...

7. HRRT Statement of Claim (Privacy) [pdf, 297 KB]

   P a g e | 1 STATEMENT OF CLAIM Step 1. Plaintiff(s) (please provide your details) If there is more than one plaintiff, fill out one section for each plaintiff. If you need additional space, please attach a separate sheet of paper. If you are using a representative (a lawyer or an authorised person acting on your behalf), please give their details too. If your representative is not a lawyer, you need to give him or her the authority to act on your behalf. First plaintiff...

8. Brown v Otago Polytechnic (Strike-Out Application) [2014] NZHRRT 22 [pdf, 96 KB]

   ...there had been any difference in Mr Brown’s treatment by the 2 Polytechnic because of his disability or because he sought to rely on his rights under the HRA. [3] These proceedings were commenced on 21 February 2013 by the filing of a statement of claim with a “letter” dated 18 February 2013 (three pages) addressed to the Secretariat. This letter expands on the sparse pleading in the statement of claim itself. Also filed was a document dated 25 January 2013 (two pages) w...

9. [2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd [pdf, 222 KB]

   ...mediation assistance and ultimately she and Spotless attended mediation on 24 January 2019. Three weeks after mediation had taken place, but not resolved matters, Mr Mapu, who is Ms Panapa’s representative, wrote to Spotless advising that a statement of problem had been filed with the Authority on behalf of Ms Panapa. He also sought Ms Panapa’s return to work. Spotless did not respond to that letter at the time, only responding by email on 15 May 2019, saying that it had care...

10. [2011] NZEmpC 129 Patel v Pegasus Stations Ltd [pdf, 95 KB]

    ...the scope of its investigation beyond the one employment relationship problem pleaded - namely unjustified dismissal.” Counsel continued: 10. The Court does not have power to characterise these issues as actionable unjustified disadvantage claims even if they were capable of being framed as such. 11. The Court therefore does not have jurisdiction to hear and decide them as separate claims in these proceedings and so they should be struck out of the particulars of claim in th...