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1. [2006] NZEmpC AC 73/06 CE Bay of Plenty DHB v NZ PSA [pdf, 75 KB]

   ...the application of court rules and processes but a practical and pragmatic institution not to be constrained by technicalities. Thus the Court of Appeal decisions governing costs decisions by the Court including Binnie (cited above), Victoria University of Wellington v Alton-Lee [2001] 1 ERNZ 305 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172, which refer to 66 percent of actual and reasonable costs being generally regarded as a starting point as a contribution towards a success...

2. V Nair v Devi [2014] NZIACDT 31 (17 March 2014) [pdf, 214 KB]

   ...any refunds payable upon completing or ceasing a contract for services (Clause 3(d) of the Code of Conduct). [39] This was not a situation where the adviser had any reason to think that someone else was performing those duties. There was a company Universal Immigration Services NZ Ltd, which apparently took fees. She suggests she is not responsible for her duties under the Code of Conduct. [40] The director of the company was not a licensed immigration adviser, or qualified in any mate...

3. [2022] NZACC 23 – Harvey v ACC (1 March 2022) [pdf, 210 KB]

   ...of the disc degenerative disease. The CAP observed that degenerative disc changes often happened at the lower levels, as also in Mr Harvey’s case, because those levels took the most stresses of everyday activities. This condition was almost universal, and not normally caused by trauma. The CAP added: The cause of Mr Harvey’s lumbar spinal pain and right leg symptoms is unknown and is likely to have resulted from multiple factors. As noted in Mr O’Malley’s 18/08/2017 re...

4. [2021] NZACC 89 - Baanders v ACC (22 June 2021) [pdf, 292 KB]

   ...[27] As a result of his findings in relation to question (1) Mr Mills did not comment in relation to questions (2) and (3). In relation to question (4) he considered the issue of central sensitization and a paper written by Dr Mosley from the University of Adelaide, and a study from Smart et al called ‘Symptoms and Signs Predictive of Central Sensitization in Low Back Pain’, and said that using the indicators referred to in that paper he was of the view it was not likely that M...

5. [2021] NZEmpC 155 Best Health Foods Ltd v Berea [pdf, 290 KB]

   ...agreement, could not and did not, cure a defective notice. 10 At [22]. 11 At [29]. 12 At [36]. 13 At [39]. 14 At [40]. Reference was made to Catherine Soanes and Angus Stevenson Concise Oxford English Dictionary (11th ed, Oxford University Press Inc, New York 2004). 15 Ioan v Scott Technology NZ Ltd [2019] NZCA 386, [2019] ERNZ 331 at [28]−[29]. [19] I interpolate to record that the Authority initially issued its determination without referring to the...

6. [2024] NZEmpC 29 E Tū Inc v New Zealand Steel Ltd [pdf, 278 KB]

   ...Critical Path Shutdown varies across the different plants. In some plants, employees get make-up pay once per shut, even if they come on and off the critical path during the shut. This would seem to be the most common approach although it is not universal. The most generous approach is for the Centralised Maintenance Groups (CMG), particularly CMG electrical trades, where make-up pay has been paid whenever the employee is unable to work their usual shift as a result of go...

7. [2025] NZEmpC 124  E Tū Inc v Mainland Poultry Ltd [pdf, 294 KB]

   ...between two contrasting 12 It is common ground that the affected employees undertook morning shift work, so the first exclusion does not apply. 13 Catherine Soanes and Angus Stevenson (eds) Concise Oxford English Dictionary (11th ed, Oxford University Press, New York, 2008) at 1050. 14 At 1251. conditions. 1. Every other. (of two things) each following and succeeded by the other in a regular pattern.”15 [33] The ordinary meaning of the word “fixed” is definitel...

8. Recommendations recap - issue 8 [pdf, 1.3 MB]

   ...in this working group. IV.Immunisation Policy i.That the MoH updates its immunisation guidelines and communications to medical practitioners and consumers to ensure the inclusion of the option of vaccination for meningococcal C disease. ii.The University of Vice Chancellors Committee request that all universities amend the advice they give students regarding vaccination; and that the advice to students includes information regarding the option of vaccination for meningococcal C dise...

9. Abernethy v Coughlan [pdf, 95 KB]

   ...BETWEEN VANESSA EILEEN ABERNETHY and ALAN RICHARD ABERNETHY Claimants AND RICHARD COUGHLAN First Respondent AND TREVOR HUMPHREY Second Respondent AND NORTH SHORE CITY COUNCIL Third Respondent AND STOCKDALE INVESTMENTS AUCKLAND LIMITED Fourth Respondent AND CEDRIC IAN BEAZLEY Fifth Respondent Hearing: 24 and 26 June 2009 Final oral submissions: 1 July 2009 Closing written submissions: 8 and 9 July...

10. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

    ...does so and one where the employer, by conduct, compels the employee to leave employment.3 [58] Classically a constructive dismissal arises where, in substance, the employer has dismissed the employee although technically there was a resignation: Auckland Shop Employees IUOW v Woolworths (NZ) Ltd.4 In Woolworths, the Court described three non-exhaustive situations where constructive dismissal might occur:5 (a) when the employee is given a choice of resigning or being dismissed;...