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1. Langdon v Accident Compensation Corporation (Earnings-related Compensation) [2022] NZACC 229 [pdf, 224 KB]

   ...“improve” before the age of 20. This meant likely to finish an apprenticeship or qualification. In Mr Langdon’s case, this would mean improving in his forestry work. For section 62 to apply, ACC would have needed to conduct an assessment on the request of Mr Langdon at the relevant time. ACC would have used the Forestry Workers’ Award to assess whether he was an “improver”. Such an assessment did not take place, which makes section 62 inapplicable. In addition, Mr La...

2. [2023] NZEmpC 133 Chain & Rigging Supplies Ltd v Nikorima [pdf, 265 KB]

   ...this was not part of his employment with the company since it was not purchasing a van and there was no reason for him to make these inquiries. [7] C&R also became aware that another of its employees had been approached by Mr Nikorima, who informed him he would be going into business with two investors and asked him to attend a meeting about it. There is no evidence that the person, now a former employee, attended such a meeting. I will refer to this person later as “the f...

3. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...misrepresentation that falls within s35(1)(a) of the CCLA. 7. For a wronged party to be entitled to damages for misrepresentation under s35(1)(a) of the CCLA, they must prove that the representation was made to them prior to the contract being formed; the representation induced them to enter into the contract; the representation turned out to be incorrect; and loss was suffered as a result. The misrepresentation need not be the only inducement, provided it was an inducement. A represen...

4. [2024] NZEmpC 5 MGE New Zealand 2010 Limited & McKay Ltd v Campbell [pdf, 225 KB]

   ...control of the switchboard engineering side of McKay’s business. On 27 May 2013, Mr Campbell’s employment was transferred to MGE. Mr Campbell’s role at MGE was the Whangārei workshop manager, and it entailed similar duties to those performed in his previous role with McKay, with the primary focus on developing and managing MGE’s switchboard building business. During the course of his employment Mr Campbell was privy to a range of intellectual property and confidential in...

5. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...emerges that Ms Karangaroa claims she has returned that amount to Mrs Edwards-Walker directly, which the latter denies. [20] It will be remembered that Ms Karangaroa had been approached to provide “governance training” to the trustees at the request of Mrs Edwards-Walker. At the hearing yesterday Mrs Edwards-Walker confirmed that she had known Ms Karangaroa for many years and had asked her to provide “governance training” to the trustees. At the previous hearing the truste...

6. [2007] NZEmpC AC 50A/07 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 86 KB]

   ...means an act that— (a) is the act of a number of employees who are or have been in the employment of the same employer or of different employers— (i) in discontinuing that employment, whether wholly or partially, or in reducing the normal performance of it; or (ii) in refusing or failing after any such discontinuance to resume or return to their employment; or (iii) in breaking their employment agreements; or (iv) in refusing or failing to accept engagement for work in which...

7. Singh v Kumar [2016] NZIACDT 18 (04 April 2016) [pdf, 103 KB]

   ...knew the unlicensed employee did not provide immigration services to the complainant, as he did so personally. He said that he personally advised the complainant his only option in March 2014 was to apply for a visitor’s visa. [8.3] He said the claim the unlicensed employee prepared the application form was false, as he personally saw the form and engaged with the complainant; it was the complainant himself who had completed the form. Mr Kumar finalised the form with him. He said he f...

8. BH v N Ltd [2024] NZDT 728 (18 November 2024) [pdf, 198 KB]

   ...resolution of the issue about the hole in the interior wall of the second bedroom? 4. When the issue of the hole was first raised, BH was offered the option of having a power point installed to utilise this space. He did not want this, and was then informed that it was not possible to remedy it other than by the use of a cover plate. N Ltd agreed to offer a $200 credit against BH's final invoice on the basis that $200 was the amount it would have cost them to install a power point....

9. [2015] NZEmpC 84 Robinson v Pacific Seals New Zealand Ltd [pdf, 197 KB]

   ...become known colloquially as a "non-de novo 20 Cliff v Air New Zealand Ltd [2005] ERNZ 1 (EmpC). challenge" (because of the absence of reference to this in s 179) is a narrower form of appeal in the sense that it identifies some but not all of the determination that is under appeal. That is exemplified by s 179(4) which requires a party not seeking a hearing de novo to specify what it says are errors of law or fact...

10. [2020] NZREADT 19 - Singh - costs (1 May 2020) [pdf, 168 KB]

    ...conventional civil litigation, in which the principle is that the successful party should generally be entitled to a contribution to its costs by the unsuccessful party. Submissions [20] Mr Woodhouse submitted that Mr Govindarajan’s repeated requests for the file were in relation to matters that were irrelevant to the charge accepted by Mr Singh, and focussed particularly on Mr Kodoor, and the statement given by him to the Tribunal. He submitted that as a consequence, his at...