Search Results

1. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...preliminary issue. The Authority declined to adopt this course and instead directed the parties to mediation. 1 [2011] NZERA Auckland 316. The defendant subsequently amended his claim and proceeded against a different party. [3] The plaintiffs applied to the Authority for a contribution to the costs associated with preparing the statement of problem and with preparing for, and attending, mediation. The Authority...

2. [2015] NZEmpC 78 New Zealand Nurses Organisation v Waikato District Health Board interlocutory [pdf, 76 KB]

   ...May 2015 INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS [1] Waikato District Health Board (WDHB) applies to extend the time for filing a challenge to a determination of the Employment Relations Authority. 1 It had earlier filed a statement of defence to the plaintiffs’ statement of claim and had purported to include a cross-challenge in its pleadings. During a telephone directions conference on 1 May 2015 Mr Peploe, for the WDHB, accepted that an application to exte...

3. [2016] NZEmpC 140 Wright v West Auckland Aquatics Inc and Turner [pdf, 76 KB]

   ...1 Wright v West Auckland Aquatics Inc & Turner [2016] NZERA Auckland 36. [2] Mr Wright, the plaintiff, was unsuccessful in proceedings before the Authority. Following that determination, he lodged a further statement of problem with the Authority on 15 February 2016. That statement of problem sought an order that he had been unjustifiably dismissed by the first defendant and he also sought remedies against the second defendant. [3] In a deter...

4. [2013] NZEmpC 24 Idea services Ltd v Barker [pdf, 120 KB]

   ...successfully challenged that determination in this Court. The defendant in her present application now claims that, “for various reasons the Court overlooked that the personal grievance had been raised within the 90 days period by the filing of a statement of problem in the Authority, and the subsequent acknowledged service of it by the Authority on the respondent within 90 days.” [3] The provision in the Act allowing for retrials is cl 5(1) of sch 3 which provides: 5 Rehea...

5. [2010] NZEmpC 148 Auckland DHB & 20 Other DHB Named in the attached Schedule v NZ Resident Doctors Assoc [pdf, 56 KB]

   ...bargaining for a collective agreement to do, at least, the following things: … (e) the union and employer must provide to each other, on request and in accordance with section 34, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining. … (5) This section does not limit the application of the duty of good faith in section 4 in relation to bargaining for a collective agreement. … 34 Provid...

6. Wai 3300, 2.6.019 Memorandum directions of Chief Judge Dr C L Fox commencing wānanga ā-rohe phase [pdf, 520 KB]

   ...Purpose and structure of wānanga ā-rohe phase Overview 9. I advise that the purpose of the wānanga ā-rohe phase is to: (a) Enable the claimants to provide evidence as to their principles of constitutionalism. I also direct the Crown to file a statement of principles in response. During the wānanga, the parties will be able to question each other regarding each principle to determine whether there are commonalities. (b) Confirm the themes for the inquiry. 10. The parties may...

7. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2020-100-007 BETWEEN BERT KURT ENGELBRECHT, JORG ENGELBRECHT and DAVID ALAN SHACKLETON, as trustees of the BERT ENGELBRECHT FAMILY TRUST Claimants AND CHRISTCHURCH CITY COUNCIL First Respondent AND JOHN CREIGHTON BUILDER LTD Second Respondent AND JOHN ROBERT CREIGHTON Third Respondent AND PAUL MAURICE FOLEY Fourth Respondent AND FOLEY GROUP ARCHITECTURE LTD Fifth Respondent AND POWELL FENWICK CONSULTANT

8. EMPC Consolidated practice directions [pdf, 135 KB]

   ...heading, description, and notation occupy more than one page. (c) The requirement to specify precisely the nature of the document being filed should distinguish amended pleadings from original pleadings (for example, second amended statement of claim of third plaintiff), and should show the particular matter in support of or in opposition to which the affidavit has been filed and is intended to be read (for example, affidavit of Mary Smith in support of application for interim in...

9. [2009] NZEmpC AC 10/09 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 21 KB]

   ...AK AC 10/09 26 March 2009 IN THE EMPLOYMENT COURT AUCKLAND AC 10/09 ARC 85/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike out part of statement of claim BETWEEN BRIAN ALEXANDER WEBB Plaintiff AND NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGERS TRANSPORT EMPLOYEES' UNION INCORPORATED Defendant Hearing: 25 March 2009 (Heard at Auckland) Appearances: Paul Carruca...

10. [2009] NZEmpC AC 13/09 Taylor v New Zealand Transport Agency [pdf, 19 KB]

    ...(Heard at Auckland) Judgment: 1 April 2009 COSTS JUDGMENT OF JUDGE B S TRAVIS [1] In an oral interlocutory judgment (AC 46/08) on 1 December 2008, I held it would have been appropriate to have struck out the plaintiff’s amended statement of claim because it failed to comply with the Employment Court Regulations 2000. To avoid prejudice to the plaintiff because of the inadequate pleadings, I gave him 14 days to file a statement of claim that complied with the Regulat...