Search Results

1. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...determination and elected to have a full hearing of the whole matter. [2] The plaintiff raised his personal grievance alleging an unjustified dismissal on 19 February 2003 and mediation later that year did not settle the grievance. The plaintiff filed a statement of problem in the Employment Relations Authority on 12 December 2005 and an investigation meeting took place on 29 May 2006. The Authority issued its determination on 15 June 2006. [3] The Employment Court h...

2. National Standards Committee v Poananga [2012] NZLCDT 12 [pdf, 292 KB]

   ...professional capacity in 1 Amended Disciplinary Charges Laid by the Wellington Lawyers Standard Committee, Dated: 30 April 2012. 3 that she prepared and submitted legal aid applications for claimants before the Waitangi Tribunal in circumstances where she forged the signature of each claimant and/or witnessed those forged signatures. CHARGE 4: False Declaration The National Standards Committee charges Atareta Poanan...

3. Waitangi Tribunal - Te Paparahi o Te Raki - statement of issues for stage 2 [pdf, 595 KB]

   Te Paparahi o Te Raki (Wai 1040) Regional Inquiry Tribunal Statement of Issues for Stage 2 5 December 2012 Wai 1040, #1.4.2 MERITDA Official MERITDA RECEIVED NO DATE MERITDA Text Box 5 Dec 2012 2 CONTENTS  TRIBUNAL STATEMENT OF ISSUES FOR STAGE 2: INTRODUCTION ................................................................... 3  1. TINO RANGATIRATANGA, KĀWANATANGA AND AUTONOMY: POLITICAL ENGAGEMENT BETWEEN MĀORI  A...

4. DQ Ltd v MS Ltd [2020] NZDT 1314 (21 December 2020) [pdf, 188 KB]

   ...1986 (“Act”) there is a prohibition against a person in trade making a false or misleading representation that the goods being supplied have had a particular history. A representation may be by way of affirmation, denial or description. If the statement is untrue, it is false. It does not matter if there was no intention to mislead. 5. By way of analogy, the Courts have found that false statements as to the odometer reading of a vehicle or the number of prior owners of a vehicle...

5. [2017] NZEmpC 129 Phoenix Publishing Ltd v McCallum [pdf, 111 KB]

   ...Authority within the time specified under the Employment Relations Act 2000 (the Act). On 18 July 2017, Phoenix Publishing Ltd filed an application asking the Court to grant an extension of time to file a challenge and extending the time for filing a statement of claim. A proposed draft statement of claim was filed with the application, although if the application to extend time is to be granted, the proposed statement of claim would require substantial amendment. The draft does...

6. [2010] NZEmpC 16 Aotearoa Coolstores Ltd V Waara [pdf, 18 KB]

   ...faith toward Ms Waara due to its repeated failures to be responsive and communicative and also its late advice to the Authority which implied that it accepted the substantive justification of Ms Waara’s claims and only questioned the quantum she claimed. The Authority concluded that due to the belated nature of this advice, Ms Waara had already suffered considerable stress and ongoing humiliation, as well as unnecessary cost in the preparation and presentation of her ca...

7. [2013] NZEmpC 10 Hutchison v Nelson City Council [pdf, 58 KB]

   ...Court. [2] Ms Hutchison was employed by the Nelson City Council (the Council) from 30 May 2011 until her dismissal on 13 December 2011. She wishes to pursue a personal grievance that her dismissal was unjustifiable. To that end, she lodged a statement of problem with the Employment Relations Authority (the Authority). [3] The Authority identified as a preliminary issue whether Ms Hutchison had raised her personal grievance with the Council within the 90 day period provided for i...

8. [2016] NZEmpC 171 Morava Group Ltd v Clark [pdf, 75 KB]

   ...Avenue, Ponsonby in Auckland, and a mobile telephone number and email address were provided for Nick Webster, Morava’s notified representative in the litigation. The 23 Kelmarna Avenue address appears to be a residential property. [3] Morava’s statement of claim, filed by Mr Webster (a director of, and 50 per cent shareholder in, Morava), did not comply with the minimum requirements of such a document in reg 11 of the Employment Court Regulations 2000 (the Regulations)....

9. Belle v Fogi Ltd (Strike-Out Application) [2019] NZHRRT 7 [pdf, 241 KB]

   ...SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION Mr P Kennelly for plaintiff Ms K Tyson for defendants DATE OF HEARING: Heard on the papers DATE OF DECISION: 12 February 2019 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] These proceedings under the Human Rights Act 1993 (HRA) were brought against Fogi Ltd and Richard Youmans by Katrina Belle in November 2016. Ms Belle’s claim concerns a complaint that her employment was terminated by the defe...

10. [2015] NZEmpC 165 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 86 KB]

    ...Court commencing on 27 October 2015. I just emphasise that I have very much paraphrased the nature of the two sets of proceedings. [2] Somewhat belatedly in EMPC 152/2015 the plaintiffs have sought further amendments to their second amended statement of claim. This in part is opposed by the defendant AFFCO. One of the amendments sought and which is not opposed, is of an inconsequential nature. It is something which can be attended to at the hearing without the need to formall...