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1. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...rules?”. [3] The starting point is, therefore, the relevant rules of the Union at the time it declined to continue to represent Mr McCartney in the matter of his personal grievance with his former employer. [4] Mr Cranney has, at the Court’s request, supplied certified copies of the Union’s rules for the years 2007 and 2008. Those were then the rules of the National Distribution Union Inc (NDU) but the fact that the rights and obligations in law of the NDU have been assumed...

2. [2021] NZACC 28 - Williams v ACC (4 February 2021) [pdf, 171 KB]

   ...appellant’s covered injury was not established. [2] The issue on this appeal is whether this decision was correct. Background [3] The appellant sustained an injury to his right foot on 28 September 2018 when, as described in an ACR45 form submitted to the Corporation, the fork of a forklift dropped onto his right foot. [4] On 28 September 2018, the appellant who then was 26, presented at the emergency department of Dunedin Hospital with a crush injury to his right fo...

3. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

   ...Commissioner [2] In 2015 Mr Dooley alleged the South Canterbury District Health Board (SCDHB) had not supplied him with all the information to which he was entitled and had not responded to his request for correction of his information. Mr Dooley had also requested the SCDHB to delete his information from its electronic system and to surrender to him all hard copy records of his medical information. On a complaint being made by Mr Dooley the Privacy Commissioner in 2015 investigated a...

4. TU v I Ltd [2023] NZDT 670 (8 December 2023) [pdf, 187 KB]

   ...company. 5. In March 2020, TU contacted NG for a service of the system, which was carried out. Issues again arose with the system in 2021, as a circuit breaker for the system had tripped and the system had overflowed. NG installed a new pump and informed TU that water may still be CI0301_CIV_DCDT_Order Page 2 of 4 getting into the system and the entire system may need replacement. Given that this occurred after major drainage works occurred to ensure surface water was not gettin...

5. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...18(1)(d). Important background material was also dealt with at the conference, which is considered later in this judgment. [7] The proceedings were then set down for hearing some 12 months later on 13 December 2005, where the applicants' request for an adjournment was declined but that hearing could not proceed due to the last minute unavailability of the judge due to her flight being fog bound at Wellington. In response to ~A:::;f / 169 Gisborne MB 262 the Court's...

6. [2013] NZEmpC 76 George v Auckland City Council and vice versa [pdf, 126 KB]

   ...by its solicitor, at a mediation conference held on 26 April 2010, at which time the plaintiff threatened to make the accusation against the defendant in a legal action unless the defendant agreed to withdraw and abandon her personal grievance claims against the plaintiff. [3] Paragraph 57 (set out above) is part of Ms George’s defence to the Council’s counterclaim for damages for breach of her employment contract. That defence seeks to dismiss the Council’s claim against her...

7. M Ltd v P Ltd [2023] NZDT 416 (30 August 2023) [pdf, 200 KB]

   ...date, M Ltd also paid a sum of $2,777.25 to P Ltd in error. That money was supposed to be paid to another third party that M Ltd owed money to. It was paid into P Ltd’s bank account. 3. M Ltd contacted P Ltd soon after the error was noticed and requested that the money be repaid back to M Ltd. P Ltd refused to return the money. 4. M Ltd contacted its bank and paid for a recovery request which was actioned by M Ltd’s bank. That request from the bank was declined. 5. M Ltd...

8. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...relationship until 2017, which changed when the company appointed new senior executives. [28] Mr Drummond briefly described the history of bargaining during 2017–2019 resulting in facilitation on 5 May 2019, although that process does not form part of this proceeding. He said that in the Authority’s recommendations in 2019 the parties agreed on a collaborative collective bargaining process but that Nelmac failed to comply with it when the 2020 bargaining round began. The d...

9. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

   ...on the residential property of ZYR and ZYQ. This driveway was to replace an existing driveway. [2] ABN Ltd was contracted to form the driveway so that it could be sealed by a third party contractor. [3] Two sections of the driveway were formed by ABN Ltd and then sealed by a third party contractor. The middle section was formed by ABN Ltd but not sealed because further work was advisable to ensure that the driveway in this section did not scour away or slump. [4] ABN Ltd...

10. KY v TU Ltd [2019] NZDT 1521 (23 May 2019) [pdf, 201 KB]

    ...obtaining a permit. 14. For these reasons, I find that TU was not entitled to clamp KY’s car, and must refund the $150.00 she paid to have her car released. Referee: E Paton-Simpson Date: 23 May 2019 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available. If you wish to apply for a rehearing, you...