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1. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...ratified, Mr Farmer wrote to Tasman Cargo about the pay rise he anticipated receiving because of the CEO’s email. He asked the company to reconsider its position but got no response. [14] Mr Farmer considers he is owed arrears of pay. He claimed that the absence of the pay rise flows into the value of bonuses he was entitled to receive for each of the years 2020, 2021 and 2022. In a schedule provided as part of his evidence he calculated the amount considered payable. [15...

2. Arndt v Accident Compensation Corporation (Appeal) [2022] NZACC 244 [pdf, 221 KB]

   ...Hearing: 1 December 2022 Held at: Wellington/Te Whanganui-a-Tara by AVL Appearances: H Armstrong for the Appellant S Bisley for the Accident Compensation Corporation Judgment: 9 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for work-related gradual process injury - s 30 and Schedule 2, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 22 March 2019. The Reviewer dismissed an application for re...

3. AY Ltd v ZB Ltd [2014] NZDT 676 (26 September 2014) [pdf, 16 KB]

   ...and that all components were made on a CNC machine. [9] The most important and relevant of all the evidence is that ZB Limited themselves took over the construction of the kitset for AY Limited’s client as a result of the dispute, after various forms of assistance were offered to AY Limited and the dispute could not be resolved. The work has recently been completed and fully signed off by Council without there having been any changes to the components of the kitset originally suppl...

4. What happens next

   ...claim Once we receive your notice of claim, we’ll send you an acknowledgement and a receipt for your application fee. Phone conference & directions hearing The Authority may hold a phone conference before the hearing to make sure everyone has the information they need. It may also arrange a directions hearing to ensure progress is being made on the claim. The hearing Time & place At least 10 days before your case is due to be heard, we’ll tell you the day and time of your hearing. H...

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   3. Tax Disputes

5. CN v U Ltd [2024] NZDT 623 (17 July 2024) [pdf, 200 KB]

   ...were non-refundable in the event of cancelation and non-transferable without U Ltd’s prior approval? 9. Parties to a contract are bound by express and implied terms of contract. Express terms are those that have been stated prior to or at the formation of the contract. Implied terms are those that are so obvious they go without saying, or are implied into the contract by statute. 10. The onus to prove a claim lies with an applicant. The standard of proof required in the Tribunal...

6. Lawson v Health and Disability Commissioner (Strike-out) [2023] NZHRRT 15 [pdf, 151 KB]

   ...required by Rule 7 of the Health Information Privacy Code 1994 (“Code”). Miss Lawson also alleges the HDC breached other aspects Rule 7 of the Code. [3] The HDC denies a breach of Rule 7 of the Code. The HDC says that it twice reconsidered requests made of it by Miss Lawson and attached Miss Lawson’s statement of correction to its file. [4] On 15 December 2022, the HDC applied for an order striking out Miss Lawson’s claim in its entirety as being an abuse of process pursuant...

7. Sansom v Department of Internal Affairs [2016] NZHRRT 17 [pdf, 100 KB]

   ...that both within and outside the workplace she was the victim of sexual harassment. These grievances did not, however, motivate Ms Sansom to bring a personal grievance claim under the Employment Relations Act 2000. [7] But she has made a number of requests under the Privacy Act 1993 for access to personal information held by the Department. [8] In these proceedings Ms Sansom complains that in responding to a particular request made by her on 21 March 2013 for information spanning the...

8. [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...

9. 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...

10. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

    ...from TB of [Consent Company] dated 1 March 2017 (“the Fire Report”) which recorded that a Type 2 fire alarm system needed to be installed, and specified what emergency lighting was to be installed at the Property. The Fire Report stated that it formed part of the Building Consent application (page 1 of the Fire Report) and the Fire Report notes that the Building Act 2004 applied to the proposed work which involved a change to the use of the building. The Applicant installed a Type 2 fi...