Search Results

1. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...f) Is Mr Gibson-Smith entitled to a remedy? Discussion Preliminary issue [79] Mr Chemis submitted, in effect, that there was an underlying pleading problem with Mr Gibson-Smith’s challenge. Reference was made to aspects of the statement of claim which referred to the fact that, partway through the employment period, the parties had agreed that he would not have to be trained or undertake work on the bond line. Pointing out that this was largely common ground, it wa...

2. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...frustration because she felt she was being bullied by her co- workers, and her employer was not taking this issue seriously. [2] The Employment Relations Authority (the Authority) upheld Ms Mackay’s personal grievance with regard to one aspect of her claim, although it rejected a number of others. It found she had indeed been constructively dismissed. Remedies were awarded. 1 1 Mackay v Spotless Facility Services (NZ) Ltd [201...

3. [2022] NZEmpC 180 Malcolm v The Chief Executive of the Department of Corrections [pdf, 193 KB]

   ...that the references to those defendants must be read as being a reference to Health New Zealand. 2 Malcolm v Chief Executive of the Department of Corrections [2021] NZERA 489 (Member Larmer). [5] I concluded that many paragraphs of the statement of claim expressly or impliedly raised a claim concerning the validity of the applicable order which mandated vaccinations, which was not a matter that the Court could determine.3 [6] I also concluded that there were paragraphs i...

4. [2011] NZEmpC 59 Costley v Waimea Nurseries Ltd [pdf, 80 KB]

   ...opposed. It is common ground that the 28-day period prescribed in s 179(2) of the Employment Relations Act 2000 (the Act) for challenging a determination of the Authority expired on 7 February 2011. Counsel for the plaintiff attempted to file a statement of claim on 8 February 2011 but the Registry correctly rejected the pleadings as being one day out of time. [2] Under s 219 of the Act the Court has a discretion to make orders extending time but there are well established princi...

5. [2011] NZEmpC 20 Miller v Fonterra Co-operative Group Ltd [pdf, 81 KB]

   ...relevant documents, for the period referred to in the notice of application (1)(a)(i) except as otherwise stated below: (i) Internal memoranda and internal emails of the defendant’s officers and staff. (ii) Transcripts of any personal statements given by the defendant’s officers or employee[s]. (iii) Those documents that are copies of the defendant’s own documents which I have included in my [the plaintiff’s] list of documents but which the defendant has not includ...

6. Kaupapa-Inquiry-Claimant-Form-Tuapapa-Events-Non-Editable.pdf [pdf, 273 KB]

   ...Fill in this form to request the reimbursement of costs for attending a Tūāpapa event as part of the Waitangi Tribunal’s Justice System Kaupapa Inquiry (Wai 3060). This form is to be completed to request reimbursement of costs for a: • claimant who has asked to participate in Wai 3060 • member of a claimant group or support persons. Up to three members of a claimant group and a total of up to three support people for the claimant group could be funded. Groups or individua...

7. Von Tunzelman v Southland Regional Development Agency Ltd and Tracey Wayte Ltd (Strike-Out-Applications) [2022] NZHRRT 18 [pdf, 167 KB]

   ...Mr Von Tunzelman’s claim. This application was filed on the grounds that: [6.1] The Tribunal does not have jurisdiction to make an order in regard to IPPs 5, 7 and 8 as those IPPs were not investigated by the Privacy Commissioner; [6.2] The statement of claim is, amongst other things, unintelligible, makes unsubstantiated claims and does not establish an arguable case; [6.3] The proceedings are frivolous, vexatious or an abuse of process; and [6.4] The proceedings have not been br...

8. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   ...shareholding. During the process of valuation of his shares, Mr Smalley says he became aware that he had been underpaid HA entitlements as an employee, as well as contractual salary or wage entitlements. [5] In June 2021, Mr Smalley filed a statement of problem in the Authority raising his claims. He filed an amended statement of problem on 20 July 2022. In it he pleaded that during his employment, he had been remunerated at 40 per cent of revenue he generated in each month. H...

9. Lee v Mangapapa B2 Incorporation - Mangapapa B2 (2017) 140 Waikato Maniapoto MB 83 (140 WMN 83) [pdf, 222 KB]

   ...the inaugural chair for the COM. [2] In December 1988 the Māori Land Court made an order pursuant to s 62 of the Māori Affairs Amendment Act 1967 approving remuneration in terms of meeting fees and honoraria for the COM. [3] Ramona Lee now claims historic meeting and travel fees and interest for the period from 1983 to 1989. The Incorporation has not filed a statement of defence but by memorandum of counsel dated 11 November 2016, the Incorporation indicated that there were f...

10. [2009] NZEmpC WC 26/09 Parker v Silver Fern Farms Ltd [pdf, 47 KB]

    ...asked his advocate to help him find another lawyer but at that time most legal offices were closed for the holidays and he says that many were uninterested in undertaking his case on legal aid. Mr Parker says that although C had prepared a basic statement of claim, his understanding was that he needed considerably more work done on his case to persuade the LSA to make a grant. Mr Parker says that Ms Greenwood told him that C had told her that he was not permitted by his firm to perf...