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1. QT & WT v K Ltd [2024] NZT 895 (4 December 2024) [pdf, 181 KB]

   ...control of the Respondent. 21. The Applicants note that some delays were attributed to incorrect or delayed ordering done by the Respondent. CI0301_CIV_DCDT_Order Page 4 of 6 22. Pursuant to section 28 of the Act, any services will be performed with reasonable skill and care. However, this does not mean that a supplier is not able to make errors or mistakes. 23. I find that while the Respondent did make a couple of errors regarding ordering, these are expected in the...

2. UN v BK [2024] NZDT 650 (16 August 2024) [pdf, 146 KB]

   ...connections. The Tribunal has no jurisdiction to make orders regarding that unacceptable conduct. That is a matter for the NZ Police. Referee: B M Smallbone Date: Friday, 16 August 2024 Page 5 of 5 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...

3. G Ltd v F Ltd [2025] NZDT 40 (3 April 2025) [pdf, 184 KB]

   ...parties’ lease, dated 8 January 2024, was signed by SD and LT for their respective companies. The lease was expressed to run for one year, with subsequent rights of renewal. The monthly rental was $1,195.46. SD said that LT had paid rent until she informed him on 15 September 2024 that F Ltd was intending to vacate the property. At that point, the lease had some four more months to run, and 20 days’ notice of a decision not to renew the lease was required if that was the tenant’s inte...

4. [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...

5. [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...

6. [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...

7. [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...

8. [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...

9. [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...

10. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

    ...her child had been left unsupervised in a playground and she had to go looking for her child. Mrs Perry required the plaintiff to provide relevant records needed so that she could respond to the complaint. We consider Mrs Perry’s information requests were entirely reasonable in the circumstances. [34] On 28 July 2021 one of Tall Poppies’ regular Coordinator visits occurred. This entailed an onsite visit to the plaintiff’s home. The notes of this visit include reference to...