Search Results

1. [2015] NZEmpC 18 Severinsen & Anor v AFFCO NZ Ltd [pdf, 14 KB]

   ...application dated 30 January 2015) Appearances: J Unsworth, counsel for the applicants R Webster, counsel for the respondent Judgment: 18 February 2015 JUDGMENT OF JUDGE A D FORD [1] The applicants seek leave to file a statement of claim out of time challenging on a non de novo basis a determination of the Employment Relations Authority dated 19 December 2014. 1 [2] Section 179(2) of the Employment Relations Act 2000 affords 28 days to lodge such a c...

2. [2022] NZEmpC 89 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 299 KB]

   ...proceeding. He says, in 5 Bay of Plenty District Health Board v Culturesafe New Zealand Ltd, above n 1. support of this point, that the sums involved are excessive, and that no legal basis has ever been given for the orders upon which the claim is based. [15] Next, he says that there is a public concern over what he described as the “aggressive use of baseless proceedings”. After commenting on what he believes the DHB’s motivation is in bringing the proceeding,...

3. [2007] NZEmpC WC 11/07 Smith v Nga Kairauhii Trust [pdf, 52 KB]

   ...Irrespective of whether Ms Smith consented or did not oppose the course, the Authority has recorded at paragraph 5 of its determination that: “… I directed that the claim the grievance was raised out of time be addressed first, by way of witness statements and submissions.” It did not question witnesses, whether those whose accounts it had or others whose potential evidence may have seemed important to it. The issues the Authority had to decide were, nevertheless, important...

4. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

   ...“fraud throughout”. (ii) Natural justice requires disclosure. 1 This application replaced earlier applications for stay dated 20 November 2018. 2 Proceeding CIV 2018-485-491; second amended statement of claim. 3 Sawyer v The Vice-Chancellor of Victoria University of Wellington [2018] NZEmpC 71, (2018) 16 NZELR 76. (iii) There has been a deliberate concealment of evidence relevant to her claim for constructive dismis...

5. LCRO 158/2023 QMY v WAN (30 June 2025) [pdf, 241 KB]

   ...respondent, Ms WAN, about his professional conduct. What gave rise to the complaint? [2] The applicant was the director of an incorporated law firm. [3] On 10 August 2021, the respondent sought advice from a consultant to the firm, Mr X, about a claim for unpaid wages of $9,125. She paid a fee for the consultation which the applicant later said was $300. She signed a letter of engagement that day and paid a further $1,955. 2 [4] The letter of engagement provided for a fixed...

6. Application for Waitangi legal aid form [pdf, 811 KB]

   ...mai ā tōna wā) 1. What is the Wai reference number given to the claim before the Waitangi Tribunal? (If the number is not yet available, please provide later) 2. Kua tāpiritia tētahi tārua o te Pūrongo Kerēme? 2. Is a copy of Statement of Claim enclosed? Āe Kua tāpiritia (t)ētahi whakahau nā te Rōpū Whakamana i te Tiriti mō te kerēme? Kāo Āe Kāore e pā ana Yes Is a copy enclosed of any directions made by the Tribunal about the claim? No...

7. Dassanayake v Manukau City Council [2010] NZWHT Auckland 18 [pdf, 96 KB]

   ...Determination of Claim Background [1] The claimants owned an alleged leaky home at 10 Navan Place, Dannemora. The claimants filed with the Tribunal an application for adjudication on 10 February 2010 and this was accompanied by the claimants’ statement of claim prepared by their legal advisors. [2] On the same date, the claimants filed a memorandum requesting from the Tribunal a determination, as a preliminary matter in this proceeding as to whether the claim must b...

8. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...For this purpose, the union and its officials have instituted pro forma proceedings here for a declaration of exclusive jurisdiction. These proceedings are opposed by the Commission. By agreement, the case has been heard by reference to the statements of claim and defence in the High Court proceedings, affidavit evidence filed in the High Court proceedings, some further affidavit evidence filed by the Commission in this Court, and by submissions made by counsel for the parties....

9. FW v KQ Ltd [2021] NZDT 1701 (2 June 2021) [pdf, 197 KB]

   ...watch’s functionality and asked for a refund or exchange. TE refused on the grounds that the watch showed signs of wear. In February, TE sent the watch away for testing and reported that no fault had been found. 3. FW’s daughter GW filed this claim in her own name on behalf of her parents. With the agreement of the parties, I have changed the applicant to FW since he is the owner of the watch whereas GW has no standing to make a claim. However, I have allowed GW to represent her fat...

10. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 47 [pdf, 146 KB]

    ...Dr NR Swain, Member REPRESENTATION: Dr CA Sawyer in person Ms M Scholtens KC and Mr G Davenport for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 25 September 2024 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Dr Sawyer was employed as a law lecturer by Victoria University of Wellington (VUW). In August 2016, following an employment dispute, Dr Sawyer filed a claim that alleged VUW had breached a range of information privacy princi...