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1. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   ...Ltd Fifth Respondent AND WILTON JOUBERT LTD Sixth Respondent Hearing: 22–26 May 2023 Closing submissions: Claimants 21 June 2023 Fourth respondent’s cross claim closings 28 June 2023 Respondents’ closings and respondents with cross claims 5 July 2023 Sixth respondent’s closings responding to fourth respondent’s cross claim 10 July 2023 Claimants’ and respondents’ reply to cross claims 20 July 2023 2 Appearances: Juliet Eckford and Michael Parker for the...

2. [2025] NZEmpC 106 Burgess v Tutton Sienko and Hill Partnership [pdf, 200 KB]

   ...person A Keir, counsel for defendants Judgment: 28 May 2025 INTERLOCUTORY JUDGMENT OF JUDGE K G SMITH (Application for security for costs) [1] On 29 October 2024, the Employment Relations Authority dismissed all of the claims by Gary Burgess against his former employer, Tutton Sienko and Hill Partnership.1 [2] Mr Burgess started work for the partnership in September 2003 as a vineyard labourer. Over time what began as casual employment became permanent...

3. [2023] NZEmpC 22 MGK Homes Ltd v Yoon [pdf, 179 KB]

   ...Authority. The Plaintiff is not challenging any findings against the Second Respondent, Mr Mingon Kang. [19] Understandably, MGK does not seek to challenge the Authority’s decision not to impose a penalty on MGK.9 [20] Mr Kang is not named in the statement of claim as a party to these proceedings. Ms Yoon filed a statement of defence in which she names Mr Kang as the second defendant. In the statement of defence, Ms Yoon contends that, as the matter is a de novo challenge,...

4. [2019] NZSSAA 40 (21 May 2019) [pdf, 189 KB]

   ...and his income affects the level of his benefit. [2] The period in issue is from 16 February 2015 to 24 August 2018. Mr Howell indicated, for XXXX, he challenged both: 2 [2.1] The admissibility or legitimacy of information relating to claimed overpayments before 1 January 2018. He says the information relied on involved a breach of privacy and potentially other breaches of XXXX’s rights. [2.2] If the Authority could consider evidence that XXXX received income, then...

5. TQ v OC [2021] NZDT 1620 (26 July 2021) [pdf, 157 KB]

   ...contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 6. A misrepresentation must be untrue and a statement of past or present fact. 7. It is not enough for a party to say that a representation caused him or her to act in a particular way. They must also show either that the person making the representation intended him or her CI030...

6. Odlin Family Trust v Hurunui District Council [2013] NZWHT Auckland 3 [pdf, 121 KB]

   ...After the preliminary conference I directed the claimants to provide further particulars of their claim, setting out the alleged breaches by the Council and the loss resulting from those breaches. On 30 November 2012 the claimants filed another statement expanding on the defects that they Page | 4 say the Council inspector should have detected. In this statement they claim that when the inspector noted the problem in the timber capping, she did not check the approved plans...

7. [2017] NZEmpC 57 McPherson v Carter Holt Harvey [pdf, 81 KB]

   ...determination of the Employment Relations Authority AND IN THE MATTER of proceedings removed from the Employment Relations Authority AND IN THE MATTER O F of an application by the defendant for leave to file an amended statement of defence to consolidated statement of claim and evidence BETWEEN STEPHEN MCPHERSON Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: On the papers filed on 8 and 15 May 2017 Appeara...

8. [2012] NZEmpC 178 Rimene v P J Doherty & Natusch Group Ltd [pdf, 56 KB]

   ...Mr Rimene’s application and I now turn to consider Mr Doherty’s application for leave. [2] The reason why it is necessary for Mr Doherty to obtain leave in the present case is because the 28-day limitation period expired 2 May 2012 but his statement of 1 [2012] NZEmpC 177. 2 [2012] NZERA Wellington 32. claim was not filed until 4 May 2012 and the filing fee was not received by the Registry until 9 May 2012. Leave is, ther...

9. [2015] NZEmpC 85 Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory [pdf, 181 KB]

   ...Authority investigating them. 1 Agus Riyanto & 43 others v Dong Nam Co Ltd [2015] NZEmpC 67 (footnote omitted). [3] In this Court, the plaintiffs in respect of each vessel filed separate statements of claim. I am currently concerned with a claim brought by 44 crew members who it is alleged worked on Sur Este 707, that vessel being registered to fish in New Zealand fisheries waters pursuant to s 103(4) of the Fisheries...

10. [2014] NZEmpC 41 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

    ...additional delay. I conclude that there is little, if any, additional prejudice, actual or likely, shown by LSG resulting from the one day delay. [8] Addressing the merits of Ms Alim’s proceeding, the Court has the benefit of a comprehensive draft statement of claim. If leave is granted, Ms Alim will elect to challenge by hearing de novo, that is to put in issue all matters that were before the Authority. [9] Some of Ms Alim’s proposed causes of action go too far and are...