Search Results

1. De Wet v North Shore City Council [pdf, 323 KB]

   ...claim-02109.doc 6 3.3. I was assigned as the adjudicator to this claim along with claim 1505 which relates to unit B, 18 Manu Place, Albany. For convenience, and because many of the respondents were the same and the issues affected both claims, they were dealt with simultaneously both at preliminary conferences I held and at the final conference/hearing which commenced on 15 May 2006. 3.4. That hearing on 15 May 2006 was attended by: 3.4.1. Mr G Lewis, counsel for th...

2. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...provided evidence to support her denial, and has not provided material she should have on file if her denial is correct. The Tribunal found the complainant’s account is correct and upheld the complaint. The complaint [6] The Registrar filed a Statement of Complaint. [7] The foundation of the complaint is an allegation by the complainant that: [7.1] The complainant engaged the adviser to assist with seeking a residence visa. They entered into an agreement dated 13 August 2010. The f...

3. [2007] NZEmpC AC 35/07 Raymond v Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa & Pipes [pdf, 19 KB]

   ...still necessary. [12] On the question of interest, Mr Ryan applies for interest on the $16,000 owing since mid August 2006. Mr Harrison has suggested that that matter be deferred until 27 June to be dealt with. Because interest has not been claimed in the statement of claim I do not think it would be fair to make an order without the Pipes having an opportunity to know of, and respond to, that. They will do so now as a result of today’s hearing but I do not propose to make an...

4. [2020] NZEmpC 102 Pfenniger v Blume [pdf, 164 KB]

   ...In that context she identifies three companies, including Craftbros Hospitality, all of which seem to have been removed from the Companies Register. 4 Employment Relations Act 2000, sch 3 cl 5A. [7] Where a party seeks leave to serve a statement of claim overseas (and beyond Australia) reg 31A of the Employment Court Regulations 2000 (the Regulations) applies. Under that regulation the Court may grant leave where the employment agreement that is the subject of the proceed...

5. [2022] NZEmpC 53 Pilgrim v Attorney-General [pdf, 128 KB]

   ...Catran, counsel for first defendant J Hurren and H Rossie, counsel for second defendants Judgment: 23 March 2022 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for urgency) [1] A statement of claim has been filed on behalf of six plaintiffs, together with an associated application for urgency. The application was opposed by the second defendants. I heard from counsel on the application during a telephone conference this aft...

6. [2025] NZEmpC 210 Harte v Midwifery Employee Representation and Advisory Service Inc [pdf, 175 KB]

   ...[1] The plaintiff is pursuing a de novo challenge against a determination of the Employment Relations Authority (the Authority).1 While the Authority awarded compensation in the plaintiff’s favour, it declined to order a penalty. [2] The statement of claim pleads two employment relationship problems, both of which are founded on alleged breaches of good faith. The first is directed at an alleged 1 Harte v Midwifery Employee Representation and Advisory Service Inc [2024] NZER...

7. [2012] NZEmpC 116 Horton Media Ltd v Tither [pdf, 45 KB]

   ...employment, and over a lengthy period of time. It is alleged that the respondent deposited such funds in numerous instalments into bank and credit card accounts jointly held by the respondent and her husband. The total amount of the applicant’s claim is said to be $638,586.48, although the amount referred to in the amended statement of problem is just over $500,000. Mr Horton deposes that the greater sum reflects the fact that the applicant has only recently become aware that p...

8. [2019] NZEmpC 165 New Zealand Compliance and Repairs Ltd v Mistry [pdf, 113 KB]

   ...COSTS JUDGMENT OF JUDGE M E PERKINS [1] These proceedings involved a challenge to a determination of the Employment Relations Authority (the Authority) dated 8 March 2019.1 [2] Following the commencement of proceedings, it was clear that the statement of claim, which was filed by the plaintiff, did not comply with the requirements of reg 11 of the Employment Court Regulations 2000. The plaintiff was accordingly ordered to file an amended statement of claim in compliance with th...

9. [2024] NZEmpC 70 Roberts v The Chief Executive of the Department of Corrections Interlocutory (No 2) [pdf, 183 KB]

   ...221. It is appropriate to join CANZ as second plaintiff. Outcome [10] The application is granted. [11] A timetable was agreed to by the parties. Applying that timetable, I make the following orders: (a) The plaintiffs will file an amended statement of claim within seven days of the date of this judgment. (b) The defendant will file and serve an amended statement of defence within seven days of the receipt of the statement of claim. 2 See above at [4](a)–(f)....

10. NO & NTO v Hakaoro [2013] NZIACDT 44 (01 August 2013) [pdf, 249 KB]

    ...lack of “natural justice”. Again, the reasons for that were not comprehensible, as there was a complaint of serious misconduct which was routinely processed and lodged with the Tribunal in the correct procedural manner. [53] The memorandum also claimed that the affidavits demonstrate the complaint should be dismissed on its merits. [54] This memorandum was followed by another memorandum dated 16 February 2012. This later memorandum alleged that the complaint was fraudulent and the c...