Search Results

1. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...the plaintiff about the complaint at the 4 June meeting. However, after some prompting by the defendant’s counsel at the hearing, she said she had told him that there had been a very serious complaint of sexual harassment but had declined his request to know who had laid the complaint and did not tell him what it was that he was alleged to have done. Ms Warin said that she did not consider it necessary to give any more details, as when she had asked the plaintiff, after his prot...

2. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

   ...amount reflected in the scale on a Category 2, Band B basis, save for one step; and no 1 CBA v ONM [2019] NZEmpC 144. deduction is necessary, even given the fact that some aspects of CBA’s claim did not succeed, or that two Calderbank offers were declined. [3] Ms Dyhrberg, counsel for ONM, accepted that costs on a 2B basis are appropriate, but submits that some steps in the assessment of scale costs are either excessive...

3. [2019] NZEmpC 73 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

4. [2019] NZEmpC 59 Kazemi v Rightway Ltd [pdf, 446 KB]

   ...Kazemi’s employment. [9] They say that by joining the Programme, Ms Kazemi (directly or indirectly) gained a joint property right in the Client Register that could gain in value over time, and also allowed Ms Kazemi to receive rewards in the form of commission on recurring revenue received from clients who were in the Client Register. [10] They deny the other claims made against them. [11] On the key issue I find that the buy-in fee was a premium, contrary to s 12A of the Wa...

5. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...and hold in strict confidence the contents of her will. She also expressed concern about the firm’s complaint handling process. Mrs EA attached a copy of a letter from Mr EA, email correspondence and a letter from her doctor in support of her request for compensation. [14] Mrs EA says that Ms NR was to have sent her a letter of apology, but she did not receive one. She says that Ms NR should acknowledge her wrongdoing, the upset and harm she caused, and the very serious nature...

6. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...Court. If ASB calls evidence about such post-termination events from persons who are not senior managers, it is not unreasonable for Mr Nel to have access to other documents which will permit him to do the same. [50] I am satisfied that the request for disclosure meets the test of relevance, as defined, since it relates to the disputed issue of reinstatement. [51] I do not regard the prospect of searching for such documents as being unduly oppressive. Evidence has been placed b...

7. [2010] NZEmpC 156 Raukura Hauora o Tainui Trust v Nathan [pdf, 53 KB]

   ...that dealt with the misappropriation claim. There was no cross-challenge. The case raises the issue of whether an employer, in the event that misappropriation by an employee can be established, is able to recover the misappropriated funds in the form of damages pursuant to s 162 of the Employment Relations Act 2000 (the Act). The facts [4] The plaintiff is a Maori health provider providing health care services to all people within the boundaries of Tainui. In the South Aucklan...

8. Khan v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 125 (4 August 2025) [pdf, 196 KB]

   ...at: Wellington/Te Whanganui-a-Tara by AVL Appearances: The Appellant is self-represented B Johns for the Accident Compensation Corporation (“the Corporation”) Judgment: 4 August 2025 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury – s 32, Accident Compensation Act 2001 (“the Act”)] Introduction [1] These are appeals from the following decisions of Reviewers: (a) Appeal ACAR 131/24: on 17 May 2024, the Reviewer dismissed Mr Khan’s r...

9. Hetherington v Accident Compensation Corporation Claims Process [2023] NZACC 37 [pdf, 146 KB]

   ...as a work-related personal injury. [8] On 27 June 2011, Mr Hetherington’s then advocate lodged a late application to review the Corporation’s decision of 9 August 2007. On 8 July 2011, the Corporation wrote to Mr Hetherington’s advocate requesting further information as to the reasons for the lateness of the review. The Corporation did not receive a response. On 12 August 2011, the Corporation declined to accept the late review application. On 2 December 2011, a review o...

10. MP v TN & KG [2025] NZDT 179 (14 May 2025) [pdf, 104 KB]

    ...RESPONDENT KG The Tribunal orders: 1. The claim brought by MP against TN and KG is dismissed. 2. MP is to pay TN and KG $159.86 on or before 14 June 2025. 3. If the parties have not done so already, they must complete and sign the bond form to enable the return the bond of $840 to MP on or before 14 June 2025. Reasons: 4. In September 2024, MP entered into a room rental agreement with TN and KG to rent a room in their home. The weekly rent was $310 (including ut...