Search Results

1. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...then considered whether there were any factors that warranted either a decrease or increase to that starting point. The Authority concluded that a $300 decrease was appropriate to reflect the fact that the plaintiff withdrew an age discrimination claim at the beginning of the investigation meeting and a disability discrimination claim during the investigation, thereby putting the defendant to unnecessary costs. The Authority increased costs by $1,500 in recognition of the defendan...

2. [2021] NZEmpC 80 Butler v Ohope Chartered Club Inc [pdf, 244 KB]

   ...decision to end the courtesy van service. The decision removing that service, and to dismiss him for redundancy as a result, was made at a Club committee meeting on 26 August 2019.11 A resolution was passed that the van driving duties, which formed the bulk of Mr Butler’s work, would be carried out by volunteers and his paid position would be dispensed with. [12] Mr Butler did not have prior notice that the Club was considering dispensing with the courtesy van driver’s role...

3. MVDT Annual Report 2024-2025 [pdf, 483 KB]

   ...backlog and meet the increased demand resulting from the significant increase in cases filed with the Tribunal. 4. Cases that require special mention The complexity of cases before the Tribunal is increasing The Tribunal continues to hear claims of increasing complexity, often due to the nature of the technical evidence arising.2 In Earthnet NZ Ltd v Mynex Car Ltd,3 the applicant purchased a Tesla Model X P100D for $71,778. The vehicle had then travelled approximately 71,159...

4. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...position at Raeward Fresh. She also spent $440 on new clothes to wear when working at Eftpos Easy. [20] On Sunday 20 January 2002, Ms Burgess went to Eftpos Easy where she was shown how to operate the telephone system. This was at Ms Reynolds’ request. [21] Ms Burgess began work at Eftpos Easy as arranged on Monday 21 January 2002. Her hours of work were 8.30am to 5pm each day with half an hour for lunch. [22] The Eftpos Easy premises were located inside the premises of ano...

5. Flawn v Accident Compensation Corporation (Individual Rehabilitation Plan) [2024] NZACC 142 [pdf, 587 KB]

   ...evidence. [28] The pain management service referral (undated) recorded the outcome as reducing the impacts of pain from injury affecting Ms Flawn’s daily activities and the ability to do her job. Additional comments included: Support being requested-a multi-disciplinary approach. All relevant information-at this time cover has not been given for mental injury however this process is being worked through. Specific service elements for provider consideration-GP and client confirmi...

6. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   ...AW’s clients have pursued complaint. Four have not. [16] Mr HK, on behalf of the four applicants, makes complaint that Mr AW: (a) Had advised that legal costs for each client would be pegged at $10,000. (b) Had failed to provide documents when requested. (c) Had continued to hold funds of $40,000, in the absence of explanation as to why those funds were being retained. [17] In response to the initial complaint, Mr AW submitted that: (a) Mr DV had, at all material times, represe...

7. [2011] NZEmpC 106 NZ Meat Workers and Related Trades Union Inc v AFFCO NZ Ltd [pdf, 142 KB]

   ...parties during the bedding in period. We will also be available on Monday to meet with company representatives regarding the beef operation. Eric The staff meeting [25] The evidence was that the beef workers were contacted by the company and requested to report for work on Monday, 3 November 2008. A union witness told the Court that upon any start-up there is an induction session involving discussions about compliance issues and, at the same time, workers are issued with their...

8. [2014] NZEmpC 79 Brook v Macown Gainsford Crozier and Kennedy [pdf, 132 KB]

   ...Further, and as Mr Brook accepted, he failed to take any steps to find alternative work after his termination. [64] Difficult issues also arose as to the extent to which delegates of the Council could be held personally liable for Mr Brook’s claims, which had accrued over a number of years, particularly in circumstances where they received instructions from their member organisations on how they were to cast various votes. I do not need to reach a concluded view on these matter...

9. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

   ...concern. However a finding of that nature is not open on the available evidence. Costs revision [8] While cost did not form a central aspect of Ms Linton‘s original complaint it has been treated as a costs complaint. Accordingly Ms Linton has requested that that aspect of the decision of the Standards Committee be reviewed. [9] At the hearing I pointed out that the costs assessor, who was a specialist (presumably in the area of employment litigation), was better placed than I to...

10. [2021] NZACC 96 – Prater v ACC (6 July 2021) [pdf, 237 KB]

    ...period 1 June 2018 to July 2019. [89] The Court has already observed that as at August 2018 treatment for the right shoulder was provided pursuant to the covered sprain injuries. [90] The investigations by WellNZ continued into 2019 with the requested case reviews from Dr Hilliard and Mr Pai. There are therefore two periods requiring clearer investigations of incapacity. [91] The first period is November 2017 to July 2019. The second period is post July 2019. [92] The...