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...AOTEAROA TĀMAKI MAKAURAU [2019] NZEmpC 122 EMPC 49/2019 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority AND IN THE MATTER of an application for leave to extend time to file a statement of defence BETWEEN BAY OF PLENTY DISTRICT HEALTH BOARD Plaintiff AND CULTURESAFE NZ LIMITED First Defendant AND ALLAN HALSE Second Defendant AND ANA SHAW Third Defendant...
...explained my reasons for granting the adjournment. [3] The plaintiff’s claim is that he was disadvantaged during a restructuring process, and that he was unfairly dismissed. The defendant denies the allegations. [4] The proceeding to resolve these claims was originally set down for hearing on 5-7 October 2011. The plaintiff filed an application for the adjournment of that hearing on 23 September 2011. The grounds advanced were that an amended statement of problem had been fil...
...was never employed on the farm. Although her name had appeared on one copy of the employment agreement, the Authority concluded that it had been added by Mrs Gina Pedersen as “a memory-jogger” 5 only. Another complication was that in the statement of problem both the company and Mr and Mrs Pedersen personally had been cited as respondents. The Authority stated at the outset of its determination that 2 [2011] NZERA Wellington...
...EXPERT WITNESSES – CODE OF CONDUCT Expert witnesses to comply with code of conduct 1. These practice directions will apply from 15 April 2010 in respect of: a) Any evidence given to the Tribunal by an expert. b) The retainer by parties to a claim of any expert witness to provide a report for use in evidence before the Tribunal. c) Participation of expert witnesses throughout the Tribunal process. 2. A party to claim who engages an expert witness must either give the expert...
...EXPERT WITNESSES – CODE OF CONDUCT Expert witnesses to comply with code of conduct 1. These practice directions will apply from 15 April 2010 in respect of: a) Any evidence given to the Tribunal by an expert. b) The retainer by parties to a claim of any expert witness to provide a report for use in evidence before the Tribunal. c) Participation of expert witnesses throughout the Tribunal process. 2. A party to claim who engages an expert witness must either give the expert...
...unjustified dismissal from the plaintiff company within the statutory 90- day timeframe and ordered that the investigation meeting of Mr Page’s personal grievance was to proceed as scheduled.1 [2] The defendant applies to the Court for leave to file a statement of defence in relation to this matter. 1 Page v Teddy and Friends Ltd [2021] NZERA 406 (Member Urlich). [3] I treat the application as one to extend the timeframe for filing under s 221(c) of the Employment Re...
...he says, was despite him taking all reasonable actions to ensure he knew of all the work the provisional licence holder was engaged with. [5] The Tribunal has determined it must dismiss the complaint as it relates to the adviser. The adviser’s claim as to his level of supervision is unchallenged, and the Tribunal is satisfied it was adequate in relation to the circumstances arising in the complaint. Discussion The complaint [6] On the basis of papers before the Tribunal, the mate...
...proceedings for compliance to ensure that these costs are paid. [14] There is, however, one extraordinary factor which has persuaded me to make an order for security, but again on conditions. What should be entituled the plaintiff’s second amended statement of claim filed on 16 August 2012 includes substantial claims against Ms Jarvis but which are of dubious justiciability. The plaintiff claims damages in the sum of $50,000 for defamatory statements about the company and its...
...for hearing effectively turns this non-de novo challenge into a challenge by hearing de novo;17 and the Court has the power to make directions to this effect.18 If Mr Chantama wishes to proceed with those claims, he is granted leave to amend his statement of claim accordingly and the Court will permit the challenge to proceed on a de novo basis. [21] Mr Chantama will have until 4 pm on 5 April 2024 to file and serve any amended statement of claim. Any statement of defence to an...
...plaintiff Judgment: 20 October 2011 ORAL JUDGMENT NO 3 OF CHIEF JUDGE G L COLGAN [1] When the matter was last before the Court on 12 August 2011, it was adjourned to today to enable the plaintiff to file and serve an amended statement of claim and for Ms Hodgson to take steps to take steps to defend that. If Ms Hodgson did not do so, the judgment of 12 August 2011 1 contemplated that a timetable would be set for proof of the claim by the defendant. [2] I am satisfied...