Search Results

1. [2022] NZEmpC 76 NZQA v Hickey [pdf, 329 KB]

   ...would end on 24 December 2021. He was informed that the complaint by Ms Short was still to be investigated. The letter advised him that a complaint he had made concerning being stressed about work events would be investigated. Mr Hickey had requested a copy of a form he had filed relating to health and safety through NZQA’s intranet and one was provided with the letter. [37] At the time the 2 December 2021 letter was written the term of the employment agreement had about thre...

2. Keightley v Accident Compensation Corporation (Entitlement to Surgery) [2024] NZACC 003 [pdf, 240 KB]

   ...Synovitis is inflammation of the (synovial) membrane that lines joints possessing cavities. 6 The os calcis is the heel bone. 6 [22] On 27 February 2022, an assessment report and treatment plan (“ARTP”) was completed by Mr Tomlinson, requesting surgery funding for Ms Keightley. The diagnosis provided on the form was a malunion anterior process fracture right os calcis. In terms of causation from the covered injury, Mr Tomlinson noted “anterior process fracture with malu...

3. [2025] NZEmpC 136 Tighe-Umbers v Jetconnect Limited [pdf, 223 KB]

   ...including Jetconnect. The policy required all roles within the Qantas Group to be performed by a vaccinated person. [17] On 20 April 2022, Captain Tighe-Umbers wrote to Jetconnect and advised that insufficient notice had been given and requested fresh notice. On 22 April 2022 Jetconnect refused. Captain Tighe-Umbers’ employment terminated on 24 April 2022. [18] On 6 July 2022, the Australian border restrictions that prevented Captain Tighe-Umbers from flying to Aust...

4. [2021] NZEmpC 170 Oasis Network Inc v Douds [pdf, 249 KB]

   ...Authority’s determination [2] To set the scene it is necessary to summarise the findings made by the Authority giving rise to the non-de novo challenge brought by Oasis Network Incorporated (Oasis). [3] The employee involved, Ms Kathryn Douds, claimed she had been unjustifiably disadvantaged when a final warning was issued in circumstances that were neither fair nor reasonable on 5 February 2020, and that her employer, Oasis, failed to properly investigate concerns she had rais...

5. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...and another lawyer, Mr CV of [Law firm B]. [34] The outcome was that Mrs LK engaged Mr CV as her new lawyer and instructed delivery of her documents held by [Law firm A] to [Law firm B]. Mr BY arranged the delivery of her documents to Mrs LK but requested an assessment of her mental capacity before delivering them to Mr CV. [35] Mrs LK’s capacity was duly assessed, favourably, and Mrs LK’s documents were delivered to [Law firm B]. This was in mid-August 2015. Mr CV arranged for...

6. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...this conduct in litigation. Although the parties were given an opportunity to seek leave to join counsel as a party for the purposes of costs, the defendant elected not to do so. The Court commented 5 that, had the unsuccessful plaintiff’s former counsel been joined as a party for the purposes of costs, “he would have very likely faced a substantial order made against him personally”. McKean was a very unusual case as the judgment records 6 “for reasons in part connecte...

7. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

   ...and Political Rights Contents Introduction ................................................................................................................................ 1 General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant (Issues one to three) ................ 2 Key judgments on Covenant rights ..................................

8. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...(b) working for a competitor whilst employed by Evo; (c) of his own volition assisting a competitor involved in litigation against Evo. [5] No other particulars are provided. It then pleaded that Mr Smith chose to ignore all requests to comply with the terms of the employment agreement and that his actions were deliberate and caused significant harm, “financial and otherwise” to Evo. No details of that harm are provided. Evo seeks a compliance order requiring...

9. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...of primary allegations remaining against LSG, it would be a difficult exercise to specifically isolate those attendances where one counsel was representing all three defendants with similar issues and interests. Mr Pollak’s suggestion of some form of percentage discount might be appropriate if indemnity costs were to be awarded. [21] As I have indicated, Mr Pollak has already conceded that a charge for subsequent attendances following the withdrawal of the proceedings against Mr...

10. LCRO 127/2017 EZ v UO [pdf, 265 KB]

    ...after she had terminated Mr UO’s retainer, the Court directed that Mr UO was to provide the documentation that he had retained from her file to her new lawyer. [63] She contends that Mr UO failed to comply with the Court’s direction, and with requests from her new lawyer to provide her with documentation requested. As a consequence she was unable to comply with directions for discovery issued by the Court. This failure resulted, she says, in the Court directing her to pay cost...