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1. [2019] NZEmpC 63 Auckland Council v Drought [pdf, 279 KB]

   ...year or part-year of service. There was no cap on his entitlement to redundancy compensation. That formula was preserved in subsequent applicable collective agreements between the PSA and the Auckland City Council. [6] Auckland Council was formed from 1 November 2010 by the amalgamation of eight local authorities that had previously existed in the Auckland Region, including the Auckland City Council. [7] Auckland Council and the PSA negotiated a new collective agreement. Tha...

2. [2020] NZEmpC 89 Shalini Ltd v A Labour Inspector [pdf, 185 KB]

   ...undisputed facts. The background to the matter was set out by the Authority in its determination as follows: [5] Shalini was subject to two investigations by the Labour Inspector in 2016. These investigations preceded the investigation in 2017 which forms the basis for the current application for penalties. … [6] The first investigation in 2016 was resolved when Shalini agreed to pay arrears to one employee. No penalty was sought by the Labour Inspector. The second inves...

3. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [pdf, 199 KB]

   ...Financial penalty [30] Given the gravity of the complaint of misleading his client, together with the multiple breaches of the Code, I agree with the Registrar that a penalty of $2,000 is appropriate. Refund [31] I accept the complainant’s request to order a refund of the fee of $850. Compensation [32] The Tribunal can award reasonable compensation arising from an adviser’s wrongdoing. [33] The complainant seeks substantial compensation of $14,388. This is alleged t...

4. Chung and Lok v Yap [2014] NZIACDT 66 (30 May 2014) [pdf, 149 KB]

   ...following grounds of complaint: [8.1] He breached clauses 2.1(b) and 3 of the Code in relation to staff management. [8.2] The adviser breached clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the Code) in that he failed to perform his services with due care, diligence and professionalism. [9] The Registrar identified the material facts supporting the allegations in his statement of complaint. In essence, these were as follows: [9.1] The adviser has his practi...

5. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...TRIBUNAL [2020] NZHRRT 48 I TE TARAIPIUNARA MANA TANGATA 2 [2] On the same day, a Betty’s Empire employee sent Ms Ween’s on-line order receipt to her employer. [3] Ms Ween complained to Betty’s Empire’s about its disclosure of her information to her employer. [4] Betty’s Empire concedes a breach of information privacy principle (IPP) 11. It says, however, that Ms Ween has failed to show any form of harm sufficient to indicate that her privacy has been interfered with...

6. Yandall v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 104 [pdf, 212 KB]

   ...power 5/5 both arms Shoulder – pain on active abduction above 30 degrees … IMP: ongoing shoulder pain? A rotator cuff injury? Subac Bursitis? Would benefit from steroid injection. [44] Apart from analgesia and physiotherapy, Dr Fuller re-requested an urgent ultrasound of the shoulder. He also noted: Requests assessment for personal cares support – action – struggles to dress/change clothes – explained I am unsure what support will/can be provided – that is depende...

7. Form 49 Children's Workers Exemption Appeals [pdf, 673 KB]

   Templates V12 – August 2017 page 1 08/17 form 49 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Children’s Workers Exemption Appeals Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below)...

8. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...respect of Mrs Fox. Counsel points out that Mr Thomas was not, at the relevant time, directly involved on the subcommittee that dealt with Mrs Fox although he was a Board member of the defendant throughout and was entitled to and did receive information and updates about what was going on. Counsel explains that despite the description of each of the documents contained in the defendant’s document list, the relevant content of each email is different because it contains, within t...

9. TX & UX v XC Ltd [2024] NZDT 440 (1 May 2024) [pdf, 232 KB]

   ...it enforceable? f. If there was no agreement about price, or if the agreement is unenforceable, what is a reasonable price for the work? Who are the parties to the contract? 7. The relevant law is contract law. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. A contract can only CI0301_CIV_DCDT_Order Page 2 of 6 be enforced against the parties to the contract, so it is important to dete...

10. Steele v MSC 2018 Ltd (Application for Removal of Stay) [2019] NZHRRT 26 [pdf, 216 KB]

    ...Grounds for lifting stay [6] Subsequent to the making of the referral and stay orders Mr Steele has by memorandum dated 16 May 2019 applied to have the stay order lifted on the grounds: [6.1] The defendant has (allegedly) ignored “many” requests to mediate. [6.2] The urgent and interim nature of the proceedings will be undermined. Discussion [7] As to the first ground, Mr Steele has asserted “many” requests to mediate have been made by him to the defendant. However, onl...