Search Results

1. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...in his wages; and $6,000 compensation for the way in which the company dealt with the “inappropriate conduct” allegations. The Authority declined to reduce the remedies ordered in Mr Guerra’s favour for contribution. [5] The company filed a challenge, which was pursued way of non-de novo hearing. Alleged errors of law and/or fact [6] The plaintiff contends that the Authority made four errors of fact and/or law, which can be summarised as follows: 1 Guerra v Wilson-...

2. [2022] NZEmpC 138 Pilgrim v Attorney-General [pdf, 247 KB]

   ...observer may reasonably apprehend that I might be biased when deciding the case in light of the fact that I recently heard and determined a preliminary issue in a related proceeding, namely Courage v Attorney- General.1 [2] Submissions have been filed in support of the application. Submissions have also been filed on behalf of the plaintiffs, by counsel for the Attorney-General and by counsel appointed to assist the Court. I indicated an intention to deal with the application on...

3. [2022] NZACC 92 - Carey v ACC (18 May 2022) [pdf, 298 KB]

   ...Carey interest of $50,148.39 on backdated weekly compensation (ACR 261/20); and 1 This Court notes that Judge McGuire’s judgment of 2 February 2022 was recalled and reissued on 18 February 2022, and that no application for leave to appeal was filed in relation to the latter judgment. However, the Court proceeds on the basis that the present appeal is intended to relate to the latter judgment, as recorded in Carey v Accident Compensation Corporation [2022] NZACC 18. 2 (2)...

4. [2022] NZACC 156 – Chalmers v ACC (16 August 2022) [pdf, 262 KB]

   ...literature showed that there was a very high incidence of this occurring in this particular case. [17] A review application was lodged against that decision at the time, but it was subsequently withdrawn. A second and late review application was filed in April 2019, which eventually led to the substantive review. [18] On 17 November 2019, Mr Pai provided a supplementary report confirming his previous opinion, that “the incidence of deterioration has been around 20% in [Ms Cha...

5. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...trustee of a number of trusts. In that role, I would not be able to provide legal advice as part of my trustee services. This would materially impact my clients as they would need to go elsewhere for that advice … [19] If I had to pass those files on to other lawyers, there would inevitably be some additional cost incurred to the clients of their new lawyers getting up to speed. [39] By the time this affidavit was sworn, Mr Palmer’s ability to conduct his “current practice...

6. Hill v Accident Compensation Corporation (Interest on weekly compensation) [2023] NZACC 216 [pdf, 212 KB]

   ...quashed the decision, as the Corporation conceded that its decision was made in error as it incorrectly advised that the date that the Corporation had all of the information necessary to make payment was 15 November 2018. On 2 January 2022, Mr Hill filed a Notice of Appeal (ACR 1/22). [33] On 2 February 2022, the Corporation advised Mr Hill that it would further calculate interest as directed by the Reviewer. On 10 February 2022, the 4 Above, note 2. 8 Corporation advise...

7. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 KB]

   ...compensation. [51] This appeal is therefore allowed, and the review decision of 16 February 2022 is set aside. [52] Mr McLachlan is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Respondent: Ford Sumner.

8. Ratima v Ratima - Tahoraiti 2A 12A (2023) 105 Takitimu MB 29 (105 TKT 29) [pdf, 312 KB]

   ...entire entitlement to a one-fifth share of the Trust’s assets”. The agreement provided that, upon signing, Waikari would no longer benefit from the Trust and would resign as a trustee. [3] In accordance with the agreement, an application was filed with the Māori Land Court to partition Buck’s Block from the Tahoraiti 1B2 block. That application was subsequently granted by the Māori Land Court.1 However, it transpired that the Tahoraiti 1B2 block was General land. Conseque...

9. [2024] NZEmpC 29 E Tū Inc v New Zealand Steel Ltd [pdf, 278 KB]

   ...been calculated. The evidence shows there has been some variation in the calculation of make-up pay but the predominant practice for many years has been in line with E Tū’s position, at least in general.12 Indeed, in its statement in reply, filed in the Authority, New Zealand Steel acknowledged this, saying: The current practice on site reflects E Tū’s interpretation. In other words, employees who are asked to work outside their rostered shift currently get paid both for th...

10. [2024] NZSSAA 05 (23 April 2024) [pdf, 187 KB]

    ...Authority may allow the appellant the costs of bringing all or part of the appeal when an appeal is allowed, either in whole or in part, or if the matter is referred back to the Ministry.21 97. Unless costs are resolved by agreement: (a) XXXX is to file information on any costs incurred in bringing this appeal within 15 working days of the date of this decision. (b) The Ministry is to provide any response within ten working days of receipt of any cost information filed for XXXX...