Search Results

1. [2016] NZEmpC 170 Global Cover Insurances Ltd v Bhamji [pdf, 67 KB]

   ...Plaintiff AND MUSTAFA BHAMJI Defendant Judgment: 20 December 2016 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] This challenge to a determination of the Employment Relations Authority was filed on 20 October 2016. 1 The statement of claim failed to meet the minimum requirements of reg 11 of the Employment Court Regulations 2000 (the Regulations). [2] The Court issued a Minute on 31 October 2016 requiring the plaintiff to file and serve an amended statement...

2. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

   ...which brought about his transfer to Christchurch and about his complaints against his supervisors there, that are the subject of this proceeding and judgment. The 13 September 2010 grievance – the pleadings [11] The plaintiff’s first amended statement of claim in CRC 31/13 filed on 2 October 2013 sets out the allegations against which the parties’ contentions must be judged. What is now re-labelled the 13 September 2010 grievance is covered by paras 10-19 of the plaintiff...

3. [2025] NZEmpC 208 Soapi and Others v Pick Hawkes Bay Inc [pdf, 412 KB]

   ...members of Pick Hawke’s Bay. While Mr Evans did not say how many of those providers were members of Pick Hawke’s Bay in the years the plaintiffs were employed, some indication of that relationship can be gleaned from the financial statements he produced for the year ending 30 June 2022. It contained a related party disclosure stating the members of Pick Hawke’s Bay providing services to it. What followed was a list of ten accommodation suppliers in that year. [3...

4. OD v JE [2024] NZDT 794 (13 November 2024) [pdf, 183 KB]

   ...to compensate her for that, as I do not think that his conduct met the requirements that are stated in s 35 of the CCLA. In my view, JE stated to OD, before she bought the car, that the car was in working order. I accept that this was, in effect, a statement of what JE knew at the time. I do not think that OD could, or should, have relied on this statement as an inducement to buy the car. It was clear to her that JE was not a mechanic, and that he could not know the history of a 23 year ol...

5. [2025] NZEmpC 57 Wilson Parking v Turner & Anor [pdf, 158 KB]

   ...jointly filed a memorandum in advance of the review hearing which confirmed that they had reached agreement on the process now to be followed. [5] On the basis of that memorandum, I record that: (a) On 13 March 2025, Wilson Parking filed a statement of problem against Mr Turner and an application for urgent interim orders in the Employment Relations Authority. ATE Property Ltd was named in the statement of problem as a third respondent, but strictly in relation to a penalty...

6. [2013] NZEmpC 119 La Famia No 2 Ltd v James [pdf, 48 KB]

   ...Defendant Judgment: 4 July 2013 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] This proceeding (a challenge to a determination 1 of the Employment Relations Authority) was filed with the Court on 4 February 2013. The plaintiff’s statement of claim did not meet the minimum requirements for such a document under reg 11 of the Employment Court Regulations 2000. [2] By a minute issued on 19 February 2013 the Court allowed the plaintiff the period of 14 days within wh...

7. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

   ...opposition to the application have been filed. Those submissions are summarised and addressed in a later section of this decision. No evidence has been filed by the union. Brief account of the facts as pleaded [1 O] The parties have not yet filed statements of evidence addressing the substantive claim itself but the matters in dispute are nevertheless readily apparent from the terms of the statement of claim and statement of reply. Most of the material parts of Mr Matsuoka's claim...

8. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...his challenge. It also deals with the application now formally made by the defendant for an award of costs against Mr Nee Nee. 1 [2012] NZERA Auckland 457. Pleadings [8] Mr Nathan claims that his dismissal was unjustified because: a) Other employees who were not health and safety representatives or union delegates were not dismissed for their involvement with drinking on the night in question; b) The actions of the...

9. [2012] NZEmpC 109 Shelby Park Ltd v Blackie [pdf, 186 KB]

   ...the passage from the cross-examination quoted above, it was because Mr Blackie raised the issue again when Mr Skinner considered that it had been concluded, that the dismissal then followed. This conclusion is also partly supported by a written statement signed by Mr Skinner dated 30 September 2009 to which I shall later refer. Credibility issues [47] Both parties attacked the credibility of the witnesses led by the other side. I accept Mr Morgan-Coakle’s submission that the...

10. 2017 NZSSAA 030 (27 June 2017) [pdf, 98 KB]

    ...operates his own XXXX and XXXX business. His jobseeker support was cancelled after the Ministry conducted a reapplication process. As part of this process, the Ministry wrote to Mr XXXX seeking full business accounts, including a profit and loss statement, balance sheet and depreciation schedule. Mr XXXX provided the Ministry with a copy of his individual tax returns for the year ending 31 March 2015 (exhibit 8 to the Section 12K Report). 2 [3] The Ministry was not...