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1. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The defendant applies for orders that certain documents be ruled inadmissible. The application is opposed. [2] The application arises in the context of a claim brought by Mr Miller against his former employer, Fonterra Co-operative Group Limited (Fonterra). He held positions in Kiwi Co-operative Dairies Limited (Kiwi) and then with the defendant company following amalgamation in October 2001. He, along with a number of oth...

2. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...minimum wage arrears and an entitlement to sick leave and holiday pay. Mr McIvor also told Mr Saad that it was unacceptable to work without a break from 8 am to 3 pm. Mr Saad’s response to this complaint was that the other employees generally had requested this late lunch break to enable them to all eat together after production had ceased for the day. Mr Saad was not prepared to stop production for an earlier lunch break. [22] Mr Saad then told Mr McIvor that if he wished to...

3. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...there from time to time when visiting New Zealand, and that he did not know where Mr Noble was living, or in which USA state he resided. [19] A notice of opposition was filed. It asserted under the rules of procedure that the statement of claim as originally filed on behalf of BCL’s client had met the necessary requirements as to an address for service for Mr Noble, so there was no breach of duty. Reliance had been placed on the Anti-Money Laundering and Countering Financing...

4. Unnikrishnan v Goldsmith [2016] NZIACDT 29 (2 June 2016) [pdf, 177 KB]

   ...[1.2] Ms Goldsmith told the complainant he did not need to declare a drink driving conviction, and submitted a work visa application saying he had no convictions. Ms Goldsmith allegedly provided poor advice, and then provided false and misleading information to Immigration New Zealand. [2] Ms Goldsmith’s response to these allegations is that her advice was correct, and that the complainant did not disclose his drink driving conviction to her. She says the complainant fabricated images...

5. [2013] NZEmpC 212 Gunning v Bankrupt Vehicle Sales and Finance Ltd [pdf, 64 KB]

   ...Minimum Wage [35] The evidence establishes that Mr Gunning worked for the Company on nine days. Tuesday 21 August 2012 was apparently not regarded by the Authority as a working day but I find that it was. The employment relationship had been formed the previous Saturday. Mr Gunning was present at the yard for some four hours at the employer’s request. During that time, he received some training and observed the working of the business. He was entitled to be paid for that atte...

6. LCRO 86/2022 PR v KG and VW (12 November 2024) [pdf, 499 KB]

   ...over the files and further correspondence ensued. On 27 September, Ms JP sent a detailed letter addressed to [Limited Company 2], and emailed copies to both Mr KG and Mr VW referring to the following: 7  On 27 September at 4:20 pm she had requested Mr KG to forward his Letter of Engagement.  Ms JP records Mr KG’s reply: Acknowledgement and receipt of TOE attached No written engagement letter (as to scope and terms of engagement); Terms were “payment at the end...

7. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

   ...escalated Issues escalated 3 2 12 5 2 3 2 1 2 0 2 4 6 8 10 12 14 16 18 20 2019-2020 2018-2019 Number of audits Fi n an ci al y e ar Reminder First Notice Second Notice Final Notice Referral to PRC* 4 Final notices and the performance review committee The issuing of a final notice usually means that a provider is close to being referred to the Performance Review Committee (PRC). A notice may be accompanied by a warning that failure to comply may result in a P...

8. [2013] NZEmpC 226 Davis v Commissioner of Police [pdf, 129 KB]

   ...been made to proceed with a grievance that may not have been raised within time. [5] As already noted, all of Mr Davis’s grievances are what are known as unjustified disadvantage grievances. That is, under s 103(1)(b) of the Act, they are claims “… that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminate...

9. [2021] NZEmpC 178 Guan v Jay.Co Ltd [pdf, 250 KB]

   ...Guan was employed by JAY.CO from 12 July to 18 August 2019.2 [7] It also dealt with an issue as to whether he worked for two days prior to this period, on 20 and 21 May 2019.3 [8] It summarised Mr Guan’s evidence that he had received a request from Mrs Lisha He on 19 May 2019 to attend the restaurant the following day at 10.00 am to start work. The Authority referred to a WeChat message4 which Mr Guan received on 20 May 2019, containing contact details of food and other sup...

10. Lealaiauloto-Saofaileta v ACC (Leave to appeal to the High Court) [2024] NZACC 60 [pdf, 214 KB]

    ...carpal tunnel syndrome and had developed CRPS in his distal left upper limb. [11] On 13 July 2015, the Corporation granted additional cover for CRPS, left upper limb and an additional injury on the left middle finger, crush injury and amputation claim from October 2013. [12] On 2 November 2015, Mr Lealaiauloto-Saofaileta attended at a hand clinic complaining of pain and numbness in his left arm, particularly the forearm and into the hand. He advised he was unable to use his left...