Search Results

1. [2015] NZEmpC 130 Scarborough v Micron Security Products Ltd [pdf, 166 KB]

   ...The plaintiff filed a document entitled “Application Regarding Matters of Law” on 10 February. The document set out the reasons why Miss Scarborough considered that the Court should refer the matter back to the Authority; advised that she had requested an investigation into her dismissal by the Ministry of Social Development; contended that the Authority member had not carried out a thorough investigation and did not have material evidence to support her determination; and that...

2. [2007] NZEmpC AC 8B/07 Blaker v B & D Doors (NZ) Ltd [pdf, 142 KB]

   ...the material to the scrap dealer and then showed me the cash that he had received. Julian would not tell me who the other employee was until I said we know Henry Henry put the material in the trailer. Julian then confirmed it was Henry who requested Julian to take the material and also his intention was to give Henry the cash. I asked Julian if we could discuss this with Henry at 11:30 on Thursday morning which was acceptable he replied. Wednesday 7 December approx 2:45pm...

3. [2010] NZEmpC 151 Kiwis Stat Ltd v Nichols [pdf, 42 KB]

   ...hospital. If accepted by the hospital, the plaintiff becomes entitled to a fee from the hospital based on the payment made by the hospital to the doctor. [8] The defendant was employed as a “locum coordinator”. Her role was to receive requests from a particular group of hospitals and to match a doctor to each request. [9] The parties had a written employment agreement, two clauses of which were: 17. Restraint of Trade and Non-Solicitation 17.1 The employe...

4. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 KB]

   ...do so. CI0301_CIV_DCDT_Order Page 4 of 6 (d) You have not relied on any statement made by or on behalf of the Seller or by Us in relation to any Lot. 14. I find that this clause is not a defence to the claim. Whilst the nature of the sale forms part of the context that is taken into account in determining the chance that was purchased, it is not possible for HS to contract out of the CGA unless NT is himself in trade (s43). This is reflected in the wording of clause 7.9, which co...

5. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

   ...respondent S McKechnie and T Bremner, counsel for intervener Judgment: 23 March 2022 JUDGMENT OF JUDGE J C HOLDEN [1] Ms Fechney is an employment advocate who recently has been acting in a number of cases in which employees, or former employees, have challenged the application of the Government’s COVID-19 mandates. One of the people who was challenging the application of the mandates was GF, a former employee of New Zealand Customs Service (Custo...

6. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...Kent and [the RN] have differing recollections of whether a cross- checking procedure occurred. 3. Dr Kent stated that he stopped and took some time to consider what to do, before talking to Mrs Ashworth about it. Dr Kent told HDC that he then informed Mrs Ashworth of the options available to her, and believed he obtained her consent to proceed with the KAMRA inlay in her left eye. Dr Kent then inserted the KAMRA inlay into her left eye. [8] The Commissioner found Dr Kent breached the...

7. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...the car was originally inspected. There was also no advice given at the time the extra damage was discovered to obtain consent to doing further work. Consequently, it cannot be said that the additional work can be charged as an extra. It simply formed part of the work for which the estimate was given. 16. The second category of additional costs arose from extra labour in having to re-do filler, etching and priming from the car remaining in storage for so long whilst the job was bein...

8. Clark v Trustees of Poukawa 9G and others trust (2011) 6 Takitimu MB 285 (6 TKT 285) [pdf, 136 KB]

   ...expenses and copies of legal and accounting advice. The trustees did not provide this information. [47] The general courts have long held that a trustee is not generally obliged to volunteer documents to beneficiaries. However, if a beneficiary requests it, the trustee, in most cases, must provide trust documents to the beneficiary and an accounting in respect of it. 14 [48] The leading New Zealand authority on what constitutes „trust documents‟ is Manukau City Council v...

9. [2008] NZEmpC AC 24/08 Panovski v Marine Trimmers and All Awnings 2004 Ltd [pdf, 78 KB]

   ...was discussed, Mr Steers did not expressly state that any improvement was required, nor was any warning or a caution given about Mr Panovski’s workmanship. [7] A number of other jobs were also discussed at the meeting. They were not jobs performed solely by Mr Panovski. Mr Steers says that he raised these as examples of the problems the defendant was experiencing and why it could not increase Mr Panovski’s pay. Mr Steers claims that they also discussed the time Mr Panovski...

10. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [pdf, 237 KB]

    ...trading as JJ Lawyers [(JJL)]. [2] They made the complaint with the aim of recovering from [JJL] the sum of $8050 they paid in advance to Mr FT, trading as [LV] Law Specialists, for employment dispute services for Mrs HN which they say were never performed. [3] In their complaint, they submitted that [JJL] should be ordered to compensate them in that amount because, by permitting Mr FT to use a room in or adjacent to their office premises that was not differentiated from those by si...