Search Results

1. Lothian v Accident Compensation Corporation (Work Related Mental Injury) [2023] NZACC 99 [pdf, 199 KB]

   ...when she insisted she was going home. [4] On 9 April 2019, Ms Lothian’s GP, Dr Dean MacKay, recorded Ms Lothian’s report that she had been severely bullied by an officer the night before. [5] On 13 May 2019, Dr MacKay recorded that Ms Lothian requested to be certified unfit for work due to bullying that she reported to have taken place at work. [6] On 17 June 2019, Ms Lothian’s employer investigated her complaints and conducted an interview with her. Ms Lothian advised that t...

2. [2017] NZEmpC 144 CE of Social Development v Tuilaepa [pdf, 482 KB]

   ...[4] On 1 September 2015 Mr Tuilaepa became involved in a violent scuffle with a young person. That scuffle occurred in the time-out room at the facility where the young person had been sent following his failure, or refusal, to respond to requests made of him by another residential social worker. [5] Mr Tuilaepa prevented the young person from leaving the time-out room. The young person was pushed with sufficient force to move him into the middle of the time-out room. A seco...

3. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

   ...view, s 156(1)(h)(i) which empowers a Standards Committee, and this Office on review, to order a lawyer “to rectify, at [the lawyer’s] own expense, any error or omission” is the more appropriate authority. [99] Mr QT’s error was in requesting Ms UF to pay the invoice in circumstances where she was not responsible for payment. Decision [100] For the above reasons pursuant to s 211(1)(a) of the Act, the 16 June penalty determination of the Standards Committee is: (a)...

4. DE v WV Ltd [2015] NZDT 840 (4 September 2015) [pdf, 132 KB]

   ...that could not have been predicted and allowed for in allocating the hours originally. These include the need to move the footings and rebate boards again following Council inspections, and the substantial change to the stairs at the client’s request. None of these additions was a result of poor workmanship on the part of DE. [14] BB disputes that the first two items were substantial changes and adds that there was no handrail built so that should have saved some t...

5. Easthope v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 001 [pdf, 204 KB]

   ...included the following: That Mr Easthope only had cover for a left shoulder dislocation in respect of the 1986 accident. Mr Rei suggested that if Mr Easthope wished to obtain cover for additional injuries, he discuss this with his GP who could lodge a formal request for any additional injury diagnosis. That the requests for a traction machine and mattress had been made under a separate claim and had already been determined by the Corporation. Mr Easthope needed to complete a form...

6. FB v TT Ltd [2022] NZDT 201 (17 July 2022) [pdf, 156 KB]

   ...to be valid indefinitely or for a reasonable period of time and if so, what was a reasonable period of time in the circumstances off this dispute? 2. What has occurred here is that the cost of steel has increased after the date this contract was formed. TT Ltd has attempted to pass that increased steel cost onto FB. 3. I am satisfied that the full quote/tender dated 8/7/21 including its terms and conditions was sent to FB’s project manager KB and accepted by him on her behalf by wa...

7. LCRO 52/2017 BL v JC (30 November 2018) [pdf, 332 KB]

   ...1 13 March 2014 invoice $2,930 (fee component) plus GST and disbursements which included $1,400 (fee component) for the due diligence, review of easements. 5 [23] The Committee noted that having requested Mr JC to provide that advice Ms BL subsequently provided him with “additional clarification and confirmed that she sought advice as to [the] enforceability” of the easement by “[utilising] their neighbour’s existing power cab

8. [2018] NZEmpC 65 Wendco (NZ) Ltd v Unite Inc [pdf, 248 KB]

   ...1 Leonard and Dingley Ltd v New Zealand Waterfront Workers Union Inc [1989] 1 NZILR 919 (LC) at 921. [10] Secondly, the tort of trespass is made out in respect of Wendco’s property. A legitimate request was made in the letter of 25 May 2018 to the Union and in the notices that were sent out to staff and arguably those directions have not been complied with in two instances. [11] Thirdly, Wendco’s property, on the evidence, includes

9. [2021] NZEmpC 99 Juyi International Ltd v Pan [pdf, 177 KB]

   ...arisen on 29 June 2021, through the resignation of Juyi’s previous counsel, Mr Moss. [3] She said there was a lot of evidence and documents to read and consider, in anticipation of the hearing set to commence on 6 July 2021. [4] She accordingly requested that the matter be adjourned for two weeks. [5] Mr Pan opposes the application to adjourn the hearing on the basis of the short notice, and that a Mandarin-speaking interpreter had been arranged by the Court. He claims disadvan...

10. Holmes v Housing New Zealand Corporation [2015] NZHRRT 36 [pdf, 185 KB]

    ...(DCC Noise Control) regarding the behaviour of another tenant of HNZ who lived in the same block of housing units. Believing his concerns had not been adequately addressed he wrote to the HNZ Regional Manager by letter dated 27 March 2012 making a request under the Privacy Act 1993 for recordings of his calls to the HNZ 0800 number in the period 15 April 2011 to 27 March 2012 together with all records regarding the 0800 calls and the action taken by HNZ regarding those calls. 2 [...