Search Results

1. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...intervals of time in paragraph [6](c) and (d) need to be explained. The first period of time (2 May until 11 June 2016) was the Authority’s calculation encompassing the assessment Mr Wate underwent at the beginning of May and for the work he performed from 10 May onwards. In the absence of any evidence about an agreed rate of pay for that work, the Authority applied the Minimum Wage Act 1983 and the applicable Minimum Wage Order, using Mr Wate’s diary as the only available rec...

2. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

   ...days whilst further inquiries were made about her health. [53] Then Ms Dowlut resumed work, with the employer being satisfied that she could work and undertake disciplinary processes with appropriate support. At the same time, however, Aurecon requested any information Ms Dowlut wanted considered as part of the disciplinary process. Three weeks later, it attempted to restart the disciplinary process by inviting Ms Dowlut to a meeting. She declined to be involved thereafter, but...

3. [2016] NZSSAA 005 (16 February 2016) [pdf, 77 KB]

   ...amount of $12.50 per week for alternative medical treatment was included in his Disability Allowance. Arrears were paid for the period 21 May 2014 to 2 December 2014. [5] The appellant was then invited to withdraw his appeal. It now appears that that request was inappropriate. Fortunately the appellant declined to withdraw his appeal and accordingly the matter was set down for a Directions Hearing on 10 March 2015. [6] The appellant attended that hearing but indicated to the Authority that...

4. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

   ...which were very arguably not made out in this case. I will come back to these. [50] This was not litigation brought repeatedly by the applicant against the respondent or others associated with it, whether plainly or dressed up in alternative forms or forums. It was a serious claim that was brought by the applicant, that he had been dismissed constructively and unjustifiably by his employer from professional employment. The applicant’s claims were that the employer respondent...

5. IN v FQ Ltd [2022] NZDT 196 (15 November 2022) [pdf, 165 KB]

   ...rejection must be within a reasonable time and I am not satisfied that 20 months is reasonable. 4. For this reason the claim must be dismissed. Referee: P McKinstry Date: 15 November 2022 Page 2 of 2 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 at the time. If you wish to apply for a...

6. J v ACC [2010] NZACA 2 [pdf, 39 KB]

   ...1992, immediately after filing her claim in September 1992 for compensation for mental injuries suffered from multiple instances of sexual abuse. Ms Hubble argues there was no analysis of the effects of these instances of abuse on the appellant as forming a “continuum” and Ms Hubble submitted that the Authority has no evidential basis on which to apply JM on that point. [7] Additionally Ms Hubble argued that the application of JM is also inappropriate given that the claim in tha...

7. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Love” was not on their computer (or on any other computer which may have been used at the Respondents’ IP address), and that a friend had looked at their computer and confirmed that uTorrent had been deleted. No Hearing [21] Neither party has requested a hearing, and the Tribunal sees no need to convene one. Accordingly, the application is being determined on the papers pursuant to s.122L of the Act. Discussion and Findings In what Circumstances is the Applicant entitled t...

8. Balich v Standing [2012] NZIACDT 42 (24 August 2012) [pdf, 115 KB]

   ...the agreed services, Mr Balich says Mr Standing failed to refund the fees he had been paid. Mr Balich was put to the expense of making a new application after terminating Mr Standing’s engagement. [3] Mr Balich provided evidence to support his claim, and despite the Tribunal requesting that Mr Standing provide his records and deal with the complaint, Mr Standing has not responded. [4] The Tribunal has found the material before it supports the complaint, and it has been upheld. The...

9. SN v VO Ltd [2021] NZDT 1679 (29 October 2021) [pdf, 231 KB]

   ...to reply to CAA’s questions. However, the CAA did not wish to hear from her. They wished to hear directly from KM. That could not have been anticipated by SN. 22. SN has recorded her hours spent on preparing for this T180 call and given the information required to be reviewed and preparation needed for such a call, I accept her recorded hours as an accurate reflection of her work. 23. SN carried out 20 hours of work for VO Ltd between 1 June 2021 and 12 July 2021. Is VO Lt...

10. L v EQC [2022] CEIT-2019-0038 / 0044 [pdf, 221 KB]

    ...entirety. [13] The Declination Letters advised Ms L that should she not agree with the decision, that she could supply further information in support of her claims, and that EQC would reconsider its decision on receipt of such information. EQC requested that the amounts already paid out to Ms L for the emergency work claimed, be repaid to it. [14] The matter came to a head again two years later in 2015. In a letter to EQC dated 10 June 2015 Ms L offered to repay the amounts sough...