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1. Deliu v New Zealand Law Society and National Standards Committee (Second Recusal Application) [2013] NZHRRT 12 [pdf, 122 KB]

   ...doctorates. [Emphasis in original]. [35] The description of the JD degree as “the first professional degree in law granted by a law school” in the USA accords with the description given by Kathleen Maher in her journal article and with the statement in Informal Opinion 1152 that a LLM degree indicates a more advanced stage of training in the law than does a JD degree. We are of the view this reinforces our conclusion that in the USA a JD degree holder does not have the right to be...

2. [2015] NZEmpC 40 Ritchies Transport v Merennage [pdf, 69 KB]

   ...plaintiff H White, counsel for defendant Judgment: 31 March 2015 CONSENT JUDGMENT OF JUDGE CHRISTINA INGLIS [1] Counsel have filed a joint memorandum in relation to the plaintiff’s application seeking leave to file an amended statement of claim and for a stay. The defendant consents to the making of the orders sought by the plaintiff. [2] Having regard to the matters set out in the joint memorandum, the following orders are made by consent. The plaintiff i...

3. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...August 2014 JUDGMENT OF JUDGE B A CORKILL Introduction [1] The defendant, Mr Shaune Donald, was employed by the plaintiff, Pollard Contracting Limited (PCL), from May 2011 until his summary dismissal on 18 June 2013. He lodged a statement of problem with the Employment Relations Authority (the Authority) alleging he had been unjustifiably dismissed. He relied on the service of that statement to raise his personal grievance but it was not actually received by the plai...

4. Laboyrie v The Real Estate Agents Authority (CAC 403) and Prout [2018] NZREADT 36 [pdf, 557 KB]

   ...achieved by using a herd of 200 cows; [d] the likely income to be earned in the period up to the end of the 2013/14 dairy season was about 40,000 kgs. [10] As part of the judgement in Aldrie Holdings Ltd the Judge noted: If material false statements are made, a vendor may be liable [under the two enactments] whether they are made innocently, negligently or dishonestly. The focus is on the fact of the false statement on the buyer’s decision to purchase the asset. The caveat...

5. [2024] NZEmpC 175 Harte v Midwifery Employer Representation and Advisory Service Inc [pdf, 211 KB]

   ...founded on an alleged breach of s 4 of the Employment Relations Act 2000 (the Act), an alleged breach of a fiduciary duty, and an alleged defamation/injurious falsehood. [5] MERAS responded through its counsel, Mr Mitchell KC, stating that the statement of claim set out two causes of action which were founded in tort. He said that under s 161(1)(r) of the Act, the employment institutions had no jurisdiction to deal with such a claim. Ms Harte’s concerns could only be pleaded as...

6. [2012] NZEmpC 6 De Bruin v Canterbury District Health Board [pdf, 49 KB]

   ...November 2011. [3] With the support of his union, Mr de Bruin resolved to challenge that determination. Mr Andrew McKenzie, a Christchurch barrister, had represented Mr de Bruin before the Authority and was further instructed to prepare and file a statement of claim. [4] Section 179(2) of the Employment Relations Act 2000 provides that every challenge must be commenced within 28 days after the date of the determination in question. In this case, the last day of that 28 day perio...

7. Hood v American Express International (NZ) Inc (Discovery) [2015] NZHRRT 1 [pdf, 61 KB]

   ...applied for further and better discovery. The application is opposed by American Express International (NZ) Inc (AMEX). A brief chronology [2] A brief chronology will aid an understanding of the issues raised by the application. According to the statement of reply filed by AMEX the general timeframe is that: 1 [This decision is to be cited as: Hood v American Express International (NZ) Inc (Discovery) [2015] NZHRRT 1] 2...

8. Director of Human Rights Proceedings [Lightbody] v Corrections (Joinder of Second Defendant No. 2) [2018] NZHRRT 54 [pdf, 167 KB]

   ...Serco consent to the Tribunal making the order sought. Suggested timetable 10. Should the Tribunal make the order joining Serco as second defendant, the following (agreed) timetable is suggested: (a) The Director is to prepare a second amended statement of claim that includes Serco as a second defendant, which is to be filed in the Tribunal and served on Corrections (and a copy provided to Serco) by 5pm on Friday 14 December 2018. 3 (b) The Secretary is to formally serve Serco...

9. [2018] NZEmpC 6 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 185 KB]

   ...5 [16 February 2018] IN THE EMPLOYMENT COURT WELLINGTON [2018] NZEmpC 6 EMPC 363/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application to file a statement of defence out of time BETWEEN PERFORMANCE CLEANERS ALL PROPERTY SERVICES WELLINGTON LIMITED Plaintiff AND IOANA CHINAN Defendant Hearing: (on the papers dated 18 January and 12 February 2018)...

10. Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29 [pdf, 107 KB]

    ...Mr RK Musuku, Member REPRESENTATION: Mr FJ Fehling in person Ms N Bailey for first defendant Mr GM Brogden for second defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 17 August 2016 DECISION OF TRIBUNAL DISMISSING CLAIM AGAINST SECOND DEFENDANT1 [1] In this decision the Tribunal sets out its reasons for dismissing Mr Fehling’s claim against the West Coast District Health Board (WCDHB). The claim against the Ministry of Health is not affected....