Search Results

1. [2011] NZEmpC 38 French v The Warehouse Ltd [pdf, 80 KB]

   ...October 2009. The Authority‟s was not a determination that it felt able to reach promptly. [12] Ms French filed her challenge in this Court on 18 June 2010 within the 28- day period allowed for doing so. On 12 August 2010 she filed an amended statement of claim incorporating a challenge to the Authority‟s supplementary determination 7 awarding costs in the defendant‟s favour. There was nothing unusual about the amended statement of claim and indeed that is the way the Court...

2. DG Ltd v ID Ltd [2020] NZDT 1441 (24 August 2020) [pdf, 215 KB]

   ...much it would be before proceeding, or would not have proceeded at all, because he had been simply going to spray the gorse himself anyway. He believed he was asking for a favour in the same way ID Ltd had earlier in the day. 11. NC’s first statement to KN was a request that the spraying be done for free as a good will gesture. But it was not an actual offer capable of entering into a binding contract because it was a request to ID Ltd to provide a service for nothing in return. A...

3. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...complaint was referred; except she admitted she did not keep complete records of the initial pre-assessment, and noted she had since changed her practices. Arguments supporting Ms Scholes’ position [99] Ms Scholes challenged the complainant’s claims that she had not received various materials. [100] She says the complainant’s circumstances were properly evaluated, prior to an application for a student visa being lodged. The outcome was a result of “market conditions” affectin...

4. Smith v ACC [2010] NZACA 7 [pdf, 90 KB]

   ...would attempt to obtain information from IRD, as well as Mr Smith’s banking records, in the hope of obtaining further pre and post incapacity information.” 4 [22] On 19 June 2007, Mr Schmidt wrote to the Corporation enclosing bank statements from the Credit Union for the appellant. The bank statements concerned the period from 1997 to 2005. [23] The Corporation sought information from IRD. [24] On 28 August 2007, Celerina Antonel wrote to the Corporation providi...

5. [2014] NZEmpC 21 Vince Roberts Appliance Warehouse Ltd v Carroll [pdf, 63 KB]

   ...the proceeding and reserve costs on the first defendant’s application. The entituling to this judgment will reflect the necessary role changes that are a consequence of this decision. [10] The first defendant will now need to file an amended statement of claim on his cross-challenge setting out his allegations against the plaintiff and the second defendant. Mr Carroll will have 14 days within which to file and serve that amended pleading. The plaintiff and the second defendant...

6. TT v D Ltd & TC [2024] NZDT 488 (25 June 2024) [pdf, 171 KB]

   ...misleading or deceptive or likely to mislead or deceive.” If a breach of s 9 causes a person to suffer loss, the Tribunal may grant a remedy under s 43. 6. Either action requires proof of a misrepresentation, which is defined in law as a false statement of past or present fact. TT did not allege any untrue statements by D Ltd or TC, only a failure to alert her to the leaks. The courts have held that silence can constitute misrepresentation or misleading conduct where there is a duty to...

7. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

   ...factual matrix leading to his dismissal, and compensation was therefore dealt with on a global basis. 28 At [61]. 29 At [64]. [59] The Authority recorded that Mr Zhang had denied his statements concerning Ms Sim were the product of an emotional outburst in response to the proposal. It said that those matters did not therefore inform the Authority’s assessment as to the impact of the dismissal, and its surrounding proce...

8. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...costs and seeks costs of $2,250 on the basis that it was the successful party. It submitted that the successful application in the Court was not in the nature of an appeal and that it did not overturn the Authority’s decision. It also opposes the claim for disbursements in the Authority on the basis that it was the successful party and that, in relation to the filing fee for the statement of problem, it is premature to award anything. [7] The respondent submitted that costs on c...

9. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...AK AC 19/07 27 April 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 19/07 ARC 20/06 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for leave to file a second amended statement of claim BETWEEN GARY CUTTRISS Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: 24 and 25 August 2006 (Heard at Rotorua) 26 October 2006 (Heard at Auckland) Appearances: Mark Hammond and Prue Dawson, counsel...

10. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

    ...culminated in Mr Chen receiving a verbal warning on 11 March 2008. [3] Mr Chen then resigned his employment on 13 March 2008. He proceeded to raise a grievance about the warning. This remained unresolved after mediation and he then filed a statement of problem to the Employment Relations Authority (the Authority) in January 2009. [4] A determination was issued by the Authority on 3 June 2009 with the finding that Mr Chen does not have a personal grievance arising fro...