Search Results

1. [2012] NZEmpC 130 CPC (New Zealand) Ltd v Dunlop [pdf, 77 KB]

   ...difficulties in arranging mediation; we had made it clear that mediation was always an acceptable option providing it was by teleconference due to the fact that I am Auckland based; it was the other party that clearly failed to agree to this. In our statement of claim response to the employment court under our paragraph 14 we say the following: ~Mike Dunlop’s lawyer has accused us of failing to turn up to mediations, I request that he provide evidence of this before making t...

2. Abernethy v Coughlan [pdf, 95 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2009-100-0000022 BETWEEN VANESSA EILEEN ABERNETHY and ALAN RICHARD ABERNETHY Claimants AND RICHARD COUGHLAN First Respondent AND TREVOR HUMPHREY Second Respondent AND NORTH SHORE CITY COUNCIL Third Respondent AND STOCKDALE INVESTMENTS AUCKLAND LIMITED Fourth Respondent AND CEDRIC IAN BEAZLEY Fifth Respondent Hearing: 24 and 26 June 2009 Final oral submissions:

3. Hart - Okaha Section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286 (12 TWP 286) [pdf, 232 KB]

   ...to be signed by Mary Walker, John Hart and the applicant, though none of their names are printed next to the signatures. [7] The respondent filed an affidavit and notice of opposition dated 25 January 2010 in which he refuted the applicant’s claims that he had failed to carry out his duties as a trustee and opposed his removal, as follows: a) He states he only suggested that he should resign as he was frustrated with the actions of the other trustees and now resiles from that view...

4. [2024] NZEmpC 194 Soundhomes NZ Limited v Doughty [pdf, 231 KB]

   ...was employed for a longer period and there may be yet further information relevant to the company’s claims. The extent of the alleged irregularities is still under investigation with the assistance of a forensic accountant. [55] Accordingly, a statement of problem has not yet been filed, although it is intended that this step will be taken shortly. [56] A related issue concerns the extent to which the respondents may have actively disposed of assets with the intention of defeatin...

5. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...Nelmac’s costs if it is unsuccessful. 20 At [109]–[111]. [22] The application was supported by an affidavit from a Personal Assistant employment by Nelmac’s lawyers. The evidence was confined to producing REA’s financial statement for the year ending 31 March 2021, information from its 2020 Annual Report, and copies of the law firm’s invoices and memoranda submitted to the Authority relating to costs.21 [23] REA is opposed to security for costs being order...

6. [2023] NZEmpC 175 Carrington Resort Jade LP v Maheno [pdf, 235 KB]

   ...hearing of the challenge. [8] Ms Maheno provided submissions on those matters, but Carrington did not. Good faith report details numerous incidents of concern [9] The Authority noted that Carrington engaged with the Authority by: (a) filing a statement in reply; (b) filing some, minimal, documents to the Authority; (c) filing some witness statements; (d) attending a case management conference; (e) attending the investigation meeting; and (f) filing substantive submissions....

7. [2016] NZEmpC 71 Marx v Southern Cross Campus Board of Trustees [pdf, 126 KB]

   ...she had notified the Chairperson of a personal grievance and that “fuller confirmation” would be provided by her representative. [10] On 9 October 2013 the parties attended mediation. That did not resolve matters. Analysis [11] The statement of claim refers to grievances for disadvantage and discrimination having been raised at mediation. In evidence Mrs Marx said that she believed that the correspondence of 2 August 2013 met the requirements of s 114, and effectively r...

8. [2020] NZEmpC 27 Labour Inspector (MacRury) v Cypress Villas Ltd [pdf, 162 KB]

   ...Judgment may be sought against Cypress in order to advance a matter discussed later in this judgment. However, for a formal judgment to be given, Cypress would need to have its status regained in the Companies Register. The pleadings [11] The statement of claim filed by the Labour Inspector is a little problematic. It elects to challenge the whole of the Authority’s determination on a de novo basis. This means that it includes the positive findings in favour of the Labour I...

9. [2018] NZEmpC 17 Goldstone Aluminium Ltd v Edmond [pdf, 199 KB]

   ...good faith report provided by the Employment Relations Authority (the Authority) about the way Goldstone Aluminium Ltd (Goldstone), the plaintiff in these proceedings, participated in the Authority’s investigation. [2] Goldstone has filed a statement of claim in the Court challenging a substantive determination of the Authority dated 13 September 2017.1 In its determination the Authority found that the defendant in these proceedings, Mr Edmond, had been unjustifiably dismissed....

10. EN v CQ Ltd [2022] NZDT 51 (17 January 2022) [pdf, 174 KB]

    ...before he returned home the driver returned and collected the TV. A neighbour saw the truck and asked the driver what was happening. The driver told her that the TV glass was broken, and he had returned to collect it. EN then emailed GQ Ltd and made a claim for the broken TV. He was asked for a photograph of the damaged TV. He emailed back stating that he could not photograph it because the driver had returned to pick it up. GQ Ltd had contracted out the carriage to another company. GQ Lt...