Search Results

1. [2014] NZEmpC 207 Canon New Zealand Ltd v Hutchison [pdf, 71 KB]

   ...it, that is the conclusion about notice of termination of Mr Hutchison’s employment. CNZL’s challenge was filed with the Court on 6 August 2014. [5] A Minute was then issued by the Court on 11 August 2014 as a result of the plaintiff’s statement of claim being unclear as to whether CNZL sought to challenge by hearing de novo or otherwise. That was because para 3 had indicated that the challenge related only to those parts of the Authority’s determination set out at [24]- [...

2. [2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 378 KB]

   ...grounds that the documents sought do not exist, or are irrelevant, or because the application is premature. [3] Dr Sawyer maintains she was unjustifiably disadvantaged and constructively dismissed from her employment. She seeks as remedies reinstatement and reimbursement of lost income, interest, and compensation under s 123(1)(c)(i) and (ii) of the Employment Relations Act 2000 (the Act). A penalty has also been sought and the Court is requested to make recommendations...

3. TA v NC & Anor LCRO 207-208 / 2011 (20 December 2012) [pdf, 122 KB]

   ...funds to pay, and that he was relying on legal aid. [5] The second matter related to delays by the Practitioner in the progression of work. The Applicant essentially contended that there had been undue delays by the Practitioner in filing a statement of claim under the arbitration clause. He said that the time between the commencement of the retainer, and the filing of the statement of claim, being some eight months, was unreasonable, and compromised the possibility of a succe...

4. [2014] NZEmpC 78 Workforce Development Ltd v Hill [pdf, 76 KB]

   ...2014] IN THE EMPLOYMENT COURT WELLINGTON [2014] NZEmpC 78 WRC 17/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for leave to amend statement of defence BETWEEN WORKFORCE DEVELOPMENT LIMITED Plaintiff AND LYNDA HILL Defendant Hearing: On the papers filed on 10, 12 and 28 March, 4 and 7 April 2014 Appearances: S Webster, counsel for...

5. [2013] NZEmpC 17 Connolly v Brinkman [pdf, 48 KB]

   ...counsel for plaintiff Defendants in person Judgment: 20 February 2013 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] On 31 January 2013 the Court made an ‘unless’ order. This was that unless the plaintiff filed and served a second amended statement of claim which complied with reg 11 of the Employment Court Regulations 2000 within 14 days of that date, her challenge would be dismissed. [2] The background to this ‘unless’ order was as follows. [3] The plaintiff filed...

6. [2011] NZEmpC 22 Bachu v Davie Motors Ltd [pdf, 86 KB]

   ...The plaintiff’s claim was eventually encapsulated in a “2 nd amended statement of claim” filed with the Court on 15 February 2010. That amended statement of claim constitutes the pleadings now before the Court on behalf of the plaintiff. Statements of defence were filed by the defendant to the original statement of claim and the amended statement of claim. There were some interlocutory applications relating to security for costs and stay of the costs determination. The ap...

7. Hearn v Parklane Investments Limited [pdf, 45 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI-2008-101-000045 BETWEEN ALISON MARGARET HEARN, MURRAY DEANS AND HARTHAM TRUSTEES LIMITED AS TRUSTEES OF THE A HEARN FAMILY TRUST Claimant AND PARKLANE INVESTMENTS LIMITED (NOW BOULCOTT INVESTMENTS GROUP LIMITED) First Respondent AND EMPA GROUP CONSULTANTS LIMITED Second Respondent AND WELLINGTON CITY COUNCIL Third Respondent AND RAJU MORAR, NEESHA MORAR AND ISHWERAL MORAR AS TRUSTEES OF THE I & R...

8. Turner v The University of Otago (Legal Professional Privilege Claim) [2016] NZHRRT 15 [pdf, 60 KB]

   ...claim was properly made at the time the University made its decision to refuse access to the information in question. The hearing before the Tribunal necessarily proceeds on a de novo basis. [6] These proceedings were filed on 16 February 2015. The statement of reply followed on 1 April 2015. Case management directions were given by the Chairperson at a teleconference convened on 29 May 2015 and the case was set down for hearing over four days commencing on Monday 12 October 2015. Th...

9. Thomas v Ministry of Social Development (Strike-Out Application) [2019] NZHRRT 39 [pdf, 234 KB]

   ...Member Mr RK Musuku, Member REPRESENTATION: Mr G Paine for plaintiff Ms A Todd and Ms A Lawson for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 15 August 2019 DECISION OF TRIBUNAL STRIKING OUT PART OF STATEMENT OF CLAIM1 BACKGROUND [1] There is a dispute between the parties as to whether the Tribunal has jurisdiction to hear Peter Thomas’ allegation that, in its conduct, the Ministry of Social Development (MSD) breached informati...

10. [2015] NZEmpC 155 Zonneveld (Labour Inspector) v Maudaara Limited [pdf, 80 KB]

    ...A McIlroy, counsel for the applicant Judgment: 10 September 2015 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL [1] The issue which I must consider in this case is whether leave should be granted to the applicant to file a statement of claim. The statement of claim should have been filed by 14 August 2015, but an attempt to do so was not undertaken until three days later. [2] The application for leave has been served on Maudaara Limited; it has taken no steps...