Search Results

1. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 KB]

   ...Commercial Law Act 2017 states that where a party is induced to enter into a contract by a misrepresentation, they are entitled to damages as if the representation was a term of the contract that had been breached. A misrepresentation is a false statement of fact and may be innocent or fraudulent. A statement of opinion is not generally considered to be a misrepresentation, except if it carries with it representations of past or present fact. A seller is not obliged to point out faults...

2. [2015] NZEmpC 163 Bay of Plenty DHB v Cliff [pdf, 74 KB]

   ...2 Rather an application to extend time is required. In that case Judge Couch was prepared to treat the application as one seeking an order of the Court pursuant to s 219 of the Employment Relations Act 2000, extending the time for filing a statement of claim necessary to commence a challenge. I approach the present application in the same way. 1 Cliff v The Bay Of Plenty District Health Board [2015] NZERA Auckland 168. 2...

3. [2024] NZEmpC 236 Devine v Heart Kids NZ Ltd [pdf, 204 KB]

   ...Devine’s claims also failed. The challenge [4] Ms Devine challenged the Authority’s determination. She elected to have a full hearing of the matters that were investigated. Despite the request for a full hearing the pleading in the amended statement of claim appears confined to pursuing allegations that Ms Devine was subjected to unjustified disadvantages in the course of her employment. The nature of those disadvantages is only generally described but it is sufficient fo...

4. [2012] NZEmpC 187 Kilgour v Queens High School Board of Trustees [pdf, 133 KB]

   ...of the employee and when the employee raised the grievance within the meaning of subsection (2). [19] The action of the Board alleged to amount to the bargaining opportunity grievance was summarised by Mr Kilgour’s advocate, Bill Clark, in the statement of problem lodged with the Authority: By repeatedly failing to promulgate the terms and conditions of negotiated SSCAs 2 as instructed by the minister, or to make the Applicant aware of the applicability of the SSCA to his terms...

5. [2006] NZEmpC CC 2A/06 Rawlings v Sanco NZ Ltd [pdf, 32 KB]

   ...not need to be repeated in this. [7] Ms McClelland, who was counsel for Sanco present at the Authority’s investigation meeting on 23 September 2005, advised me that the following took place on that occasion. The Authority had Mr Rawlings’s statement of problem with some annexed documents and Sanco’s statement in reply, together with further annexed documents that Ms McClelland says included an unsigned version of the employment agreement. Counsel advises me that after wait...

6. TU v TG Ltd & SC [2024] NZDT 481 (19 June 2024) [pdf, 103 KB]

   ...advance at the start of the lease. At the end of the lease on 20 May 2023, TU would have the option of making a residual payment of $3,000.00 to take the vehicle over as his own. 2. On 22 February 2022, TU called TG Ltd’s director SC to ask for a statement of account, as he wanted to release the full payment for the vehicle. No statement was received, and there was no response to follow-up text messages and emails. Six months later, on 22 August 2022, TU stopped his weekly payments, w...

7. [2025] NZEmpC 112  A Labour Inspector v Dao (No6) [pdf, 206 KB]

   ...previous judgment.4 While it is open to the Court to look at refreezing those assets, the reasons for unfreezing them remain. In response to the Labour Inspector’s concern around ongoing dissipation, the respondents have agreed to provide bank statements on a monthly basis for all business accounts to show that these accounts have been used solely for business expenses. I consider that to be acceptable and sufficient protection in the circumstances. [15] In the event that the p...

8. [2014] NZEmpC 144 Nash v NZ Trade & Enterprise and Wellington Regional Chamber of Commerce [pdf, 151 KB]

   ...with his intended action against the defendants. [2] Mr Nash raised a personal grievance for unjustified dismissal against both defendants by letter dated 24 November 2009. More than three years later, on 28 January 2013, he filed a statement of problem in the Employment Relations Authority (the Authority). There was no dispute that the three-year time limit within which proceedings could be commenced ended on 23 November 2012. Both defendants claim that the action i...

9. [2020] NZEmpC 16 Evans v JNJ Management Ltd [pdf, 138 KB]

   ...within the prescribed time limits. The delay in filing was one day only. [3] Mr Evans, therefore, applies to the Employment Court for an extension of time to file his challenge. [4] Mr Evans has provided the Court and JNJ with a draft of the statement of claim that he intends to file should leave be granted. [5] Mr Evans wishes to pursue disadvantage claims that: (a) JNJ covertly restructured its business at least a month prior without Mr Evans’ knowledge.3 (b) Mr Ev...

10. Waters v Alpine Energy Ltd (Adjournment Application) [2015] NZHRRT 17 [pdf, 59 KB]

    ...management timetable is presently found in the Tribunal’s decision given on 29 April 2015 (Waters v Alpine Energy Ltd (Discovery No. 3) [2015] NZHRRT 13 (29 April 2015). Mr Waters was required to file his evidence by Friday 22 May 2015. Written statements of the evidence to be called at the hearing by Alpine Energy Ltd (Alpine Energy) are due by Friday 19 June 2015. [3] Ahead of time, Mr Waters on Wednesday 20 May 2015, filed (inter alia): [3.1] A 74 page document setting out his ev...