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1. [2021] NZEmpC 50 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 183 KB]

   ...Vulcan Steel and the Union includes provisions allowing for workplace drug and alcohol testing. The company also has policies in place in relation to testing. The scope of the company’s drug testing powers is in dispute. That gave rise to a claim for declarations in the Authority. The Authority declined to make the declarations sought. That decision prompted the company to take steps in this Court, albeit out of time. [3] As will be immediately apparent, the dispute raises...

2. Xu v Noon [2014] NZIACDT 46 (08 April 2014) [pdf, 135 KB]

   ...conditions and the like. [12] The complainant’s Statement of Reply contained an additional allegation that the adviser failed to comply with the Code of Conduct in relation to written agreements (clause 1.5). The Tribunal in its interim decision informed the adviser that he was at risk of an adverse finding on that issue also. 3 Opportunity to respond [13] The interim decision noted the adviser disputed the alleged facts. [14] As matters stood, it was not possible to...

3. LCRO 255/2016 WR v VB (4 March 2019) [pdf, 176 KB]

   ...the grounds that these were the invoices considered by the Employment Court which found them to be reasonable.13 However, they too, were calculated on the basis of the time expended only. [28] The Committee did not call for Mr VB’s files or request a formal costs assessment by an independent costs assessor. However, it is assumed members of the Committee included lawyers who practice in an area of law similar to, if not the same as, the areas of law under consideration here. The...

4. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...bracket/cabinet which is attached to the house by tek-screws, and into which the cabling is mounted, and the Inverter itself, which hinges into the bracket at the top. 6. The Inverter has internal sensors which allow for errors or issues with its performance to be monitored online. The log of the sensors shows that there were isolation errors, (code 475) which occurred on 10, 11, and 13 June 2022, 27 July 2022, and on 12 and 13 September 2022. Code 475 is a code which relates to th...

5. DN v TT & CB [2024] NZDT 880 (28 August 2024) [pdf, 267 KB]

   ...Tribunal orders: 1. TT trading as R Ltd is to pay $6,016.21 to DN on or before 5.00pm on 23 September 2024 2. The claim against CB is dismissed. Reasons 1. DN saw a [Car] (registration [redacted]) advertised for sale on [an online sales platform]. She and her husband arranged with CB, who answered the telephone number in the advertisement, to view the car at [an address] on 26 November 2023. TT’s car yard, R Ltd1 is located at this address. CB was looking after the car y...

6. KB v JR LCRO 246/2012 (20 May 2014) [pdf, 175 KB]

   ...191/2012. 2 Standards Committee decision dated 17 September 2012. 2 b) Unnecessary legal costs incurred after 2 December 2011 when Ms KB dismissed Ms JR but Ms JR allegedly refused to step aside; and c) Refusal to provide information requested by Ms KB regarding the estate of [Mrs CG]. [4] In each case the Standards Committee determined to take no further action and I record here the relevant comments in respect of each complaint:3 a) ... the Committee considered that Ms...

7. Varela v Devi [2014] NZIACDT 30 (19 March 2014) [pdf, 163 KB]

   ...with the Act. [3] Whether the Tribunal upholds the complaint primarily turns on a factual matter. The Tribunal has accepted the account given by the complainant and upheld the complaint. The Tribunal’s finding is that the adviser failed to perform her duties and allowed an unlicensed person to unlawfully carry out her responsibilities. The complaint [4] The Registrar filed a Statement of Complaint with the Tribunal; it sets out the facts alleged in support of the complaint and info...

8. Wood v Accident Compensation Corporation [2015] NZACA 13 [pdf, 201 KB]

   ...review failed presumably in 1988. An appeal to the Authority against that review decision was not made until January 2009, 21 years later. On 5 June 2015, I declined to grant an extension of time to appeal to the Authority. [39] Mr Wood now requests leave to appeal to the High Court from my decision. I will set out the questions Mr Darke seeks to have answered by the High Court in the same order as they appear in his submissions. (1) That the Authority erred in law in exercisin...

9. Beauchamp v B & T Co (2011) Ltd [2022] NZHRRT 10 [pdf, 246 KB]

   ...does not hire pregnant women. [69] Mr Tan denied Ms Du cared about how Ms Beauchamp looked when she was pregnant. He said they would have supported her to work until February if she wanted to. He said she could have come back but that she never requested to come back to work, and he didn’t understand what that was about. Ms Rijal [70] Ms Rijal waitressed at Adzuki Café from 2016 to 2019. She started in August 2016 shortly after she arrived in New Zealand from Nepal and was very...

10. [2025] NZEmpC 157 Allied Investments Ltd v Jones [pdf, 282 KB]

    ...the event, Mr Jones did not receive his commission payments as expected in the middle of January, with Mr Black advising Ms Hunt that Mr Jones would have to wait because the information was “not forthcoming from those from whom it was requested, in particular the employment agreement”. Mr Black offered to make a $5,000 payment from Allied Security to Mr Jones towards the end of January 2022 while the amount due to him was finalised. Mr Jones accepted that arrangement a...