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1. 2017 Decisions of public interest

   ...issues while employed – dismissal - consideration of when grievance was raised – 90 days started when written notice of termination provided, giving reasons– grievance raised within time – procedural defects – unjustified dismissal – reinstatement not practicable or reasonable- $1,200 awarded to each plaintiff – reduced by 25% for contribution. [2017] NZEmpC 115 Schollum v Corporate Consumables Ltd (Judgment of Judge K G Smith, 27 September 2017) HOLIDAY PAY – commission exclude...

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2. WHT - Chair's directions for multi unit claims [pdf, 207 KB]

   ...should be familiar with, and at all times comply with, the Tribunal’s Code of Conduct for Expert Witnesses. 12.3 Expert witnesses should, when reporting on or giving evidence of the causes of leaks to the complex, include in their reports or statements a defects list of summary setting out their views on the:  The cause or causes of the leaks  The extent of the resulting damage, or future probable damage, and the contribution of each defect to the damage  Recommende...

3. WHT Claims for a multi unit - Chair's Directions [pdf, 207 KB]

   ...should be familiar with, and at all times comply with, the Tribunal’s Code of Conduct for Expert Witnesses. 12.3 Expert witnesses should, when reporting on or giving evidence of the causes of leaks to the complex, include in their reports or statements a defects list of summary setting out their views on the:  The cause or causes of the leaks  The extent of the resulting damage, or future probable damage, and the contribution of each defect to the damage  Recommende...

4. 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...

5. BORA Arms Legislation Bill [pdf, 119 KB]

   ...guilty according to law.” 6. Strict liability offences are generally seen as prima facie inconsistent with s 25(c). This is because a strict liability offence may be proved by a finding that certain facts occurred without proof of mens rea. A defence of “total absence of fault” is available in terms of the Court of Appeal decision in Civil Aviation Department v MacKenzie.1 The burden of proof of that defence is on a defendant (to the balance of probabilities standard). 7. Wheth...

6. [2025] NZEmpC 45 FAJ v GEK & HIL [pdf, 201 KB]

   ...orders sought are not made, the assets will be dissipated. Assets to which an order can attach? [37] I am also satisfied that there are assets to which an order can attach to, including bank balances and vehicles, held in New Zealand. Possible defences [38] Counsel has identified a number of possible defences, as required by r 32.3(a). There is evidence that the first respondent has previously said, when issues relating to record keeping and the like were raised with them, that...

7. [2007] NZEmpC WC 10/07 Nola & Anor v Harvey [pdf, 43 KB]

   ...emerges. [3] Mr Harvey lodged an employment relationship problem with the Employment Relations Authority in November 2005 alleging that he had been constructively dismissed by DM Transport who had employed him as a driver. Ms Nola filed a statement and some accompanying material in reply to that. [4] A second statement of problem had to be filed to correctly name the employers as Ms Nola and Mr Smith trading as D M Transport. No statement in reply was received to tha...

8. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...BL Klippel, Member Dr M Koloamatangi, Member REPRESENTATION: Ms K Dalziel for plaintiff Mr P White for defendant DATE OF HEARING: 27 March 2023 DATE OF DECISION: 15 November 2023 DECISION OF TRIBUNAL STRIKING OUT AMENDED STATEMENT OF CLAIM1 [1] In April 2021 Dr Van Wey Lovatt filed a claim alleging the Waikato District Health Board (now Te Whatu Ora - Health New Zealand (“HNZ”)) interfered with her privacy by breaching Rules 5 and 6 of the Health Informat...

9. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...IN THE MATTER OF proceedings removed from Employment Relations Authority AND IN THE MATTER OF an application for further and better disclosure AND IN THE MATTER OF an amended application for further and better particulars of amended statement of claim BETWEEN AUCKLAND COUNCIL Plaintiff AND LAURA JANE GEORGE Defendant Hearing: 24 November 2011 and 24 August 2012 (Heard at Auckland) Appearances: Tony Drake, counsel for Ms George Tim Clarke, c...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

    ...High Court affirmed that the relationship between EQC and claimants is an arrangement of insurance.10 However, these cases were concerned with the calculation of levies, and the enforcement of the EQC’s obligations, not fraud. [33] I read the statements in AMP and the Insurance Council cases as establishing that insurance law concepts of fraud may be applied to the issue of whether fraud has occurred in EQC cases. The issue then is whether the insurance law remedy for fraud, of can...