Search Results

1. [2017] NZEmpC 163 Briscoe v Oceania Dairy Ltd [pdf, 192 KB]

   ...benefit of a performance appraisal, was not treated with dignity and respect, and was not provided with adequate information about key performance indicators for her job. It is possible that other aspects of the management of Ms Briscoe’s work formed either parts of these claims or separate allegations of unjustified disadvantage. [6] The Authority dismissed all of these alleged grievances because they had been raised outside the 90 days allowed for doing so in the Employment Rela...

2. Director of Human Rights Proceedings [Lightbody] v Corrections (Joinder of Second Defendant) [2018] NZHRRT 32 [pdf, 234 KB]

   ...relevant events and at least two CCTV cameras recorded the alleged assault and associated aftermath. Subsequently the footage from at least one of the CCTV cameras was deleted or lost. [6] When in December 2015 Mr Lightbody made an information privacy request for a copy of the CCTV footage relating to the incident for the purposes of considering a civil claim against Corrections, Corrections declined, relying on s 27(1)(c) and s 29(1)(a) of the Privacy Act 1993 (PA). It claimed disclo...

3. [2014] NZEmpC 167 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 123 KB]

   ...is successful. Although this is not elaborated on in any further detail, I am confident that these very well recorded events in the Authority and this Court would be persuasive grounds to be put before the Commissioner of Inland Revenue with a request to reassess tax decisions, if it comes to that. Alternatively, there is sufficient flexibility in the orders for compensation that the Authority and the Court can make, to compensate for any such losses if they are otherwise irremedi...

4. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...for the plaintiff took me to aspects of the written correspondence.10 [20] It is correct that Ms Pretorius did not refer to a grievance per se; however, that is not essential.11 [21] The defendant says that the letters do not include any information from which it could conclude that the plaintiff alleged she had been disadvantaged by its actions or that it had breached any health and safety obligations owed to her. It further says that even if it did, any such communication wo...

5. [2025] NZACC 089 - Smith v Accident Compensation Corporation (4 June 2025) [pdf, 179 KB]

   ...support Mr Smith’s entitlement to weekly compensation). [6] Mr Smith then sought backdated weekly compensation for the period from 1990/1991. The Corporation advised Mr Smith he was required to produce a medical certificate to support the claimed incapacity. In December 2004, a medical certificate was supplied, certifying Mr Smith unfit to work from March 1990 onwards. [7] On 13 June 2006, Judge Cadenhead determined that Mr Smith was entitled to weekly compensation from Marc...

6. TO v QJ Ltd [2018] NZDT 1476 (10 May 2018) [pdf, 188 KB]

   ...are guaranteed to be reasonably fit for any particular purpose for which the supplier represents that they are fit. Under CGA s 9, goods supplied by description are guaranteed to correspond with the description. 7. Mr Q admitted that the wrong information had been provided for the battery, and that it was not a deep cycle battery. I therefore find that the battery failed to correspond with its description. 8. I also find that the battery was not acceptably durable or fit for the purpos...

7. LE v ON [2021] NZDT 1691 (20 December 2021) [pdf, 221 KB]

   ...of the multiple versions of events) that the couple simply kept it for themselves, which has caused quite some bad blood between the parties. 12. This led to the involvement of a police officer and in an email to LE, he wrote “based on the information you have received and my conversation with your neighbours, in short the female party has obviously accepted the courier package, however after discovering it wasn’t meant for them, the female’s partner has come home and been inform...

8. CC Ltd v SH [2020] NZDT 1548 (3 August 2020) [pdf, 99 KB]

   ...sum, if any, is payable between the parties? Was the capping layer constructed to an acceptable standard? 4. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this instance, the parties formed a verbal contract. While no particular standard of work was specified, I find that it was an implied term that the work would be done to a reasonable...

9. HZ v X Ltd [2023] NZDT 21 (14 March 2023) [pdf, 184 KB]

   ...a charge up rate of $65.00 per hour and the price charged by X LTD was reasonable. Therefore, HZ is ordered to pay the full amount of the X LTD invoice. Referee: Sara Grayson Date: 14 March 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

10. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

    ...a replacement or refund. It refused to do so. Therefore, TU is entitled to cancel the contract and obtain a full refund of the original purchase price. Referee: J P Smith Date: 26 September 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...