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1. [2017] EmpC 124 Sunair Aviation v Walters [pdf, 175 KB]

   ...challenge, Sunair Aviation then decided that it did wish to challenge the determination. On 19 June 2017, more than 50 days out of time, it filed an application for leave to extend the time to file a challenge.3 It has attached a draft statement of claim to its application. The draft statement of claim is for a de novo challenge to the determination. In it Sunair Aviation says that the Authority was incorrect to find that it was not entitled to its loss of profit for the R...

2. T v Mudaliar [2015] NZIACDT 79 (06 August 2015) [pdf, 241 KB]

   ...dishonest. [4] The Tribunal has upheld both aspects of the complaint. It found Mr Mudaliar failed to document his professional engagements and dishonestly provided false information to Immigration New Zealand. THE COMPLAINT [5] The Registrar’s Statement of Complaint put forward the following background: Documentation of client engagement [5.1] Between 2010 and 2012, Mr Mudaliar submitted immigration applications for the complainant’s wife (the applicant). The applications were...

3. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...expedient of first lodging and then withdrawing his or her complaint an individual could bypass the statutory filtering mechanism and proceed straight to the Tribunal. An agency might not learn of the complaint until being served 7 with the statement of claim. This would subvert the policy behind the requirement of Part 8 of the Act that the alternative dispute resolution scheme, as mandated by the Act and facilitated by the Commissioner, be allowed to function by filtering claims...

4. Vaerla v Devi [2014] NZIACDT 3 (29 January 2014) [pdf, 87 KB]

   ...founded. They involved an unsatisfactory interaction relating to an immigration application. [5] However, the facts presented in support of the complaint state the complainant never had any contact with the adviser. Indeed the Registrar, who lodged the Statement of Complaint with the Tribunal, did not provide any facts that involved an act on the part of the adviser. Neither did the Registrar provide facts that were grounds for regarding the adviser as responsible for what occurred with...

5. [2018] NZEmpC 103 RPW v H [pdf, 172 KB]

   ...NZEmpC 103 EMPC 250/2018 IN THE MATTER OF an application for a compliance order under s 140(6) of the Employment Relations Act 2000 AND IN THE MATTER OF an application for urgency and for an abridgment of time to file any statement of defence AND IN THE MATTER OF an application for interim non-publication order BETWEEN RPW Plaintiff AND H First Defendant AND C Second Defendant EMPC 265/2018 IN T...

6. Director of Human Rights Proceedings v Commissioner of Police (Discovery) [2020] NZHRRT 32 [pdf, 202 KB]

   ...IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 32 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings will be heard at Wellington on 5 October 2020. Three weeks have been set aside. On 8 June 2020 the plaintiff filed his fourth statement of claim and simultaneously applied for further and better discovery. That application fails for two broad reasons. First, there are no grounds for believing the Commissioner of Police (Commissioner) has not discovered documents which...

7. [2022] NZACC 161 – Hume Pack n Cool Ltd v ACC (18 August 2022) [pdf, 269 KB]

   ...satisfy the legislative requirements (including the request for MCU). • Impact on prior levy payable by an industry (or a levy risk group within the industry). Retrospective reassessments of a single employer’s levy payable and workplace claims alters the industry’s claims experience in a prior penod. This in turn impacts the accuracy of the industry’s levy rates and the Experience Rating modifiers applied to the industry’s employers. The organization is limited in its a...

8. [2012] NZEmpC 63 Rooney Earthmoving Ltd v McTague Whiting and Bartlet [pdf, 304 KB]

   ...d) The three directors would receive a salary or fees of $70,000 per annum. e) Mr McTague was keen to implement an incentive remuneration and/or share purchase scheme for the other two directors. f) Capon Madden would prepare cash flow statements and profit projections to be presented to possible financiers of the new business. g) Possible sources of capital and working capital requirements were identified. h) Plant purchases were identified. [18] Mr Rooney did not r...

9. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...the parties have towards each other so that their former constructive relationship might be restored. The pleadings [6] Following the determination removing the proceedings to the Court, the pleadings were settled in the form of an amended statement of claim and an amended statement of defence and counterclaim. Mr Fernandez filed a statement of defence to the counterclaim. [7] Mr Fernandez seeks a declaration from the Court that his dismissal was unjustifiable. He seek...

10. [2024] NZEmpC 224 Kongbang v Lotus Touch Ltd [pdf, 192 KB]

    ...employee’s employer under s 142Y of the Act; (b) whether the Court has jurisdiction to hear and determine the plaintiff’s claim for recovery of wages or other money against the second defendant under s 142Y and, if not, whether: (i) the claims against the second defendant should be dismissed; or (ii) the plaintiff should be required to file amended pleadings; and (c) a determination of costs of the interlocutory application, or the costs that would have been awarded against...