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...resolved to challenge it pursuant to s 179 of the Employment Relations Act 2000. To 1 [2012] NZERA Christchurch 227. 2 [2013] NZERA Christchurch 68. pursue such a challenge as of right, a statement of claim had to be filed within 28 days after the date of the determination. As the second determination was dated 24 April 2013, that meant the final day for filing was 22 May 2013. [4] Instructions to prepare a statement of c...
...memorandum. The breakdown provided for the costs claimed is described in terms of a daily rate of $1,880 per day on the basis of Schedule 3 2B proceedings in the High Court. Two days ($3,760) are claimed for preparation of the notice of opposition and statement of defence and a further one and a quarter days ($2,350) are claimed for: ... 4.10 Filing memorandum for case management conference or mentions hearing 4.13 Preparation for hearing of defended interlocutory applicatio...
...She has challenged that determination. [4] Passion Fresh defended Ms Hu’s challenge, and maintained it was not a controlling third party, but Whver did not participate in the proceeding. What happened? [5] Evidence was provided by an agreed statement of facts and common bundle of documents. Ms Hu entered into an individual employment agreement with Whver in early 2021, as a casual greenhouse worker. She began work on 6 January 2021 and was sent to Passion Fresh. Whver invoi...
...DL Hart, Member Dr SJ Hickey MNZM, Member REPRESENTATION: Dr Popa in person Ms P Shaw for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 25 January 2018 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION [1] These proceedings for a breach of Human Rights Act 1993 were brought against the University of Canterbury by Dr Gabriella Popa in June 2016. By amended application dated 3 February 2017 the University has appli...
...[3] The company was dissatisfied with the Authority’s determination and filed a challenge on 19 January 2015. A non de novo hearing was sought, essentially focused on the Authority’s finding that a bonus was payable to the applicant. A statement of defence to the respondent’s statement of claim was filed within the timeframe for doing so. It expressly referred to an intention to file an application for leave to challenge the Authority’s determination. [4] An applicatio...
...Ryan was able to provide some background to the case by way of his written submissions and by way of oral supplementation. [27] For present purposes Mr Ryan stressed two points: [27.1] The election by Mr Hale not to give evidence meant that the claims for $5,000 pecuniary loss and $30,000 for loss of benefits were no longer live issues. The Tribunal observes that these claims had in any event been abandoned by Mr Hale in the amended statement of claim. [27.2] The terms of s 66(1) of...
...struck out. [3] Care Park has applied for the claim against it to be struck out on the ground that there is no arguable claim against it as the Privacy Commissioner found that Care Park had not interfered with Mr Judge’s privacy. In addition, the statement of claim specifies that the provisions of the Privacy Act relevant to the claim are information privacy principles 3, 10 and 11. Care Park claims that the Tribunal has no jurisdiction with respect to the claim against it under prin...
...Authority (the Authority) dated 27 August 2012. It was agreed by the parties that the application could be dealt with on the papers. [2] The statutory 28-day limitation period prescribed by s 179 of the Employment Relations Act 2000 for filing a statement of claim challenging the Authority’s determination expired on 24 September 2012. The Court file shows that the statement of claim was received by the Court in electronic format on 26 September 2012. As it was then out of time...
...complainant, claiming 155 points. Immigration New Zealand assessed the correct points as 35. [5.3] The discrepancy in the points related to Mr Varquez inappropriately claiming points for work qualifications, experience and classifications. He over claimed in a number of categories, and under claimed in one. [5.4] Immigration New Zealand declined the complainant’s application on 7 March 2013, and Mr Varquez told the complainant he had resigned from his employment in the practice, and...
...unclear. Section 179(3) of the Employment Relations Act 2000 (the Act) requires every election to “state whether or not the party making the election is seeking a full hearing of the entire matter”, that is a hearing de novo. There was no such statement in the plaintiff’s statement of claim. In paragraph 4 of the statement of claim, the plaintiff said that the election related to only part of the determination, the implication being that a de novo hearing was not sought. Inc...