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1. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...Accident Compensation Act 2001. [3] The respondent’s position is that there is insufficient evidence of a causal link between the appellant’s Parkinson’s Disease and a workplace exposure. Background [4] On 30 June 2021, an ACC injury claim form was filed for poisoning due to a chemical substance. The description of injury was: Worked for the Post Office from 1979 to 1986, was regularly exposed to trichloroethane and is concerned that his Parkinson’s Disease was ca...

2. [2008] NZEmpC WC 21/08 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 68 KB]

   ...August he worked as usual 3 days a week. On 19 and 20 August he took sick leave and on 26 August filled out another accident report as he was suffering the same injury as before but to both sides of his chest and arms. He stated on his injury form that it was because of “again not replacing night cutter – put extra work on day shift.” He also applied for coverage from ACC. [23] On 28 August 2003 ACC acknowledged that his claim was work-related and began an investigation...

3. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...position description to INZ to support a variation to the conditions of his work visa. That application was declined. INZ raised concerns about the position not having been advertised. Mr Vermuelen told Mr Flyger about this turn of events and requested that the role be advertised. Mr Flyer declined to do so. His evidence was that he refused to advertise the role because he did not want the hassle associated with that step. [23] I do not accept that the way in which the company ha...

4. [2023] NZEmpC 227 Pilgrim v Attorney-General [pdf, 280 KB]

   ...Shepherd and the Shepherds. [14] Submissions were also advanced during the course of the hearing as to the role of the Overseeing Shepherd, as opposed to the individual holding that role, and the potential implications of that. [15] I have formed the view that at all material times the employer was the Overseeing Shepherd. Essentially that is because the evidence pointed squarely to the Overseeing Shepherd, at any particular point in time, being the ultimate controlling force w...

5. [2006] NZEmpC AC 53/06 Graham v Crestline Pty Ltd [pdf, 86 KB]

   ...causing hardship and distress to her father. Later that afternoon Mr Ian Graham telephoned Mr Donald Graham asking for the name and contact details of Crestline’s director, Mr Reynolds. Mr Ian Graham did not disclose the true reason for his request. When Mr Donald Graham asked him, his son told him that he was proposing to type up notes about a number of matters relating to his father. Again unknown to Mr Donald Graham, Mr Ian Graham tracked down Mr Reynolds’ contact details...

6. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...did not have any right elbow symptoms. [22] On 22 January 2015 the appellant injured his right elbow while moving furniture. He consulted his GP on 5 February 2015 who noted that he was tender under the lateral epicondyle with elbow pain. A claim for cover for right lateral epicondylitis was filed. [23] Dr Lane commented on 26 February 2015, on the claim for cover for right elbow lateral epicondylitis. Dr Lane noted that cover had been declined for the same process for su...

7. D Ltd v C (NZ) Ltd [2024] NZDT 116 (17 April 2024) [pdf, 175 KB]

   ...so, what remedy is appropriate? e. Was there any false or misleading conduct in trade by the respondent? f. If so, what remedy is appropriate? Who was the contract between? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can Page 2 of 3 only be enforced against the parties to the contract, so it is important to determine whether D...

8. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

   ...that Ms Twentyman is wrong to believe that the filing of a challenge stays automatically the execution of the Authority’s orders. 5 [16] Ms Twentyman’s opposition to the application for security for costs is contained principally in the form of a memorandum to the Court rather than the expected notice of opposition and affidavit in support. Ms Twentyman’s (therefore 5 See Employment Relations Act 2000, s 180. unswo...

9. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

   ...Applicants say that it is not the exercise of a discretion that leads to the liability, but rather whether Tower authorised such fees being incurred. It follows that the Applicants must seek permission from Tower to incur such fees and that, once such a request is received, Tower must consider that request in terms of its duty of utmost good faith to the Applicants. [85] While it is correct that a failure to pay a sum due is a breach of the contract of insurance, such a failure mus...

10. [2012] NZEmpC 153 Hayllar v The Goodtime Food Co Ltd [pdf, 265 KB]

    ...employer fails to provide proper and adequate training and education as specified by its policies, the policies remain valid and enforceable. Of lesser significance, but also a potentially important question of law, is whether, if an employee is requested to undergo a drugs test, the employer is required to disclose the basis for that request (including any evidence on which it is based) and provide the employee with an opportunity to comment before any such request is made. All...