Search Results

1. Nathan v Accident Compensation Corporation [2022] NZACC 206 [pdf, 455 KB]

   ...surgery ... I do not believe that there is evidence here that treatment injury either related to the surgery and anaesthesia or to neck positioning in a beach chair. I would not accept this claim. [Emphasis added] [32] In May 2013, Dr Moore requested the Corporation consider the issue of neck positioning again with opinion from an anaesthetist whether Mr Nathan’s blood pressure or the anaesthetic drugs and instrumentation caused the stroke. [33] The Corporation requested co...

2. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...of dealing in good faith with the employee, the employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and (b) the employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section. [5] A “trial period” under s 67A may be distinguished from “[p]robationary arrangements” under s 67 although the two provisions contain...

3. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...were not credible. Furthermore, certain information was missing. It would not issue an invitation to apply for residence. She did not inform the complainant or his mother of the decline. [14] Ms Tian did not file any further applications or requests with Immigration NZ on behalf of the complainant after the failure of the expression. Yet, according to the complainant, she led him and his mother to believe she was still representing him and negotiating with Immigration NZ.4...

4. Mohi v Janson - Rotopounamu 2B3A (2009) 204 Napier MB 257 (204 NA 257) [pdf, 196 KB]

   ...204 Napier MS 258 applicants in this matter) two weeks to respond. It was at this hearing that serious doubts were raised by the Court as to the merits ofthe Jansons' application. [5] The Jansons then, by letter dated 14 October 2008, requested the application be dismissed upon the grounds that they were unable to establish whether the land was alienated from the Crown, which is required in order to show that the land may be general land. A further ground for dismissal was...

5. U Ltd v T Ltd [2023] NZDT 747 (15 December 2023) [pdf, 197 KB]

   ...respondent’s premises and attend to an issue with a cooking implement. The specific factual question, here arising, is whether, if the respondent made it clear that what was sought was the certifying of a gas burner, the applicant was under a duty to inform the respondent that it was unable to assist with any such requirement, and failed to do that. 4) The question identified in the preceding paragraph raises the issue of what was precisely said between the respondent’s manager S...

6. DN & KN v NQ [2023] NZDT 761 (12 December 2023) [pdf, 193 KB]

   ...limit of this Tribunal. 13. Accordingly, I award compensation in the amount claimed $30,000.00. Referee: A Hayes Date: 12/12/23 Page 3 of 3 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...

7. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...new work area was set up known as the tripe room. Mr McNaught was assigned to work in the tripe room. He was reluctant to transfer to the tripe room but he did so and told the Court that he quickly found that he enjoyed the work. In 2010 he requested additional work in the chillers to add to the hours he worked in the tripe room. However, from August 2009 until he went on special leave in May 2011, he worked principally in the tripe room with two other men one of whom was Mr Spe...

8. Auckland Standards Committee 4 v Schlooz [2021] NZLCDT 12 ( 14 April 2021) [pdf, 400 KB]

   ...jurisdiction.2 [9] The Tribunal then considers previous penalties which have been imposed on cases involving similar conduct and surrounding circumstances, in order to achieve the level of consistency and predictability which is necessary to conform to the principles of natural justice. Background [10] The complainant, Ms Y, was the estranged wife of Mr Schlooz’s close friend [redacted]. The practitioner had been friendly with the complainant before she had separated from his...

9. Stewart v Accident Compensation Corporation (Vocational Independence) [2022] NZACC 197 [pdf, 335 KB]

   ...more hours a week in the above six types of work. Weekly compensation ceased from 20 October 2012. [31] On 15 May 2018, Ms Stewart suffered the onset of sudden pain in her right knee when she tripped while walking. On 21 May 2018, an injury claim form was lodged by Ms Cheryl Hobson, Physiotherapist. Cover for a sprained right knee was accepted by the Corporation. 10 [32] On 3 July 2018 Ms Stewart underwent an x-ray of her right knee. Ms Rebecca Hughes, Radiologist, noted...

10. [2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth [pdf, 350 KB]

    ...cruise marketing activity. (ii) Has Helloworld complied with the notice and consultation requirements of s 4 of the Act? [61] No. Helloworld's consultation process for these redundancies and approach to the provision of relevant information was rushed, unfair and unreasonable. Given the business reason for the restructuring and redundancies had been extant for some months it is unclear why the restructuring process could not accommodate individual consultation meetin...