Search Results

1. [2023] NZEmpC 115 Carrington Resort Jade LP v Maheno [pdf, 226 KB]

   ...of the Employment Relations Authority in which the Authority determined that Ms Maheno was unjustifiably dismissed.1 1 Maheno v Carrington Resort Jade LP [2022] NZERA 635 (Member Larmer). Application for extension of time to file statement of defence [2] Ms Maheno has applied for leave to extend time to file a statement of defence. [3] A statement of claim seeking a de novo hearing was filed in these proceedings on 4 January 2023. The affidavit of service of Reipa...

2. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...third defendants. On that date, being 19 May 2014, senior counsel Mr RB Stewart QC appeared upon belated instructions for the plaintiff. He sought, and by consent (although with some demur by Mr Pollak) was granted leave to file a third amended statement of claim on behalf of the plaintiff. This pleading by the plaintiff substantially truncated the number of previously pleaded causes of action and remedies against the first defendant and deleted the causes of action in th...

3. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

   ...incurred due to the financial default of the suppliers will not be covered under your policy.” LUD advised the Tribunal in its submission dated 8th February 2021 that it is not in ‘financial default’ and during the hearing it confirmed this statement. The Tribunal can only act on the information in front of it, which is that RC’s insurer has declined his claim. It is not the place of the Tribunal to enquire into whether or not the insurer’s refusal to pay the claim is valid....

4. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   ...(DHBs), Primary Health Organisations (PHOs) and health and disability service providers. [2] Mr Fehling’s case has not been assisted by the unconventional manner in which it has been presented. Although directed on 17 August 2016 to file a written statement of evidence by 30 September 2016, he failed to do so. In a letter to the Tribunal dated 31 August 2016 he asserted that a statement of evidence “made no sense” as all documentary evidence had already been filed. While it is...

5. [2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd [pdf, 206 KB]

   ...Authority and dealt with in a subsequent determination. 2 Mr Fredericks was awarded costs of $5,845. There was no challenge to that determination. The pleadings and remedies sought [5] Mr Fredericks’s pleadings are contained in an amended statement of claim filed on 31 March 2015. His claims are as follows: (a) That he was unjustifiably constructively dismissed. The grounds alleged are that VIP breached the duty of trust and confidence and the duty to provide a safe w...

6. Director of Human Rights Proceedings [Lightbody] v Corrections (Extension of Time) [2019] NZHRRT 3 [pdf, 151 KB]

   ...Rights Proceedings Ms V McCall for first defendant Mr B Duthie for second defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 22 January 2019 DECISION OF TRIBUNAL GRANTING SECOND DEFENDANT EXTENSION OF TIME FOR FILING STATEMENT OF REPLY1 1 [This decision is to be cited as Director of Human Rights Proceedings [Lightbody] v Corrections (Extension of Time) [2019] NZHRRT 3.] 2 [1] Regulation...

7. Carey Clan Trust v Still [pdf, 100 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO: TRI-2009-101-000022 BETWEEN Regan & Jodi Carey as Trustees of the Carey Clan Trust Claimant AND Rex Still First Respondent AND Susan Still Second Respondent AND Tauranga City Council Third Respondent AND CGAF Ltd t/a Bay Inspections Fourth Respondent AND The Building Advisory Bureau NZ Ltd (BAB) (REMOVED) Fifth Respondent AND Kenrick Buckley (REMOVED) Sixth Respondent AND Western Coatings Ltd...

8. Sax v Triathlon Tauranga Inc (Strike-Out) [2022] NZHRRT 35 [pdf, 91 KB]

   ...REPRESENTATION: Ms J Sax in person Ms JWS Baigent for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 31 August 2022 DECISION OF TRIBUNAL STRIKING OUT PROCEEDING1 [1] On 27 August 2015 Ms Sax filed a statement of claim in this matter. [2] A statement of reply was filed by Triathlon Tauranga Inc on 23 October 2015. [3] An amended statement of claim was filed on 29 October 2015 and a statement of reply to the amended statement of claim was fi...

9. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...Maharaj notified Wesley that he considered the termination of his contract to be unjustified and that he would be seeking legal redress. [7] Correspondence between Wesley’s lawyer and Mr Maharaj continued until eventually Mr Maharaj filed a statement of problem in the Authority on 21 August 2006. Mr Maharaj’s stated employment relationship problem was a personal grievance and he also sought to establish that he was employed by Wesley as a homeworker. The remedies sought wer...

10. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [pdf, 196 KB]

    ...1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 125 APPLICANT BX APPLICANT HX RESPONDENT L Ltd The Tribunal orders: L Ltd is to pay the sum of $1,075.47 to BX and HX on or before Wednesday, 1 May 2024. The balance of the claim is dismissed. REASONS 1. The Applicants, BX and HX, wished to attend a special occasion in [town 1], in early February 2023. They decided to drive from their home in [town 2] to [town 1]. They booked a ferry crossing for two pas...