Search Results

1. [2015] NZEmpC 180 Keepa v Go Bus Transport Ltd [pdf, 150 KB]

   ...conduct of Go Bus; (b) if the documents were to be considered there was no common accord between the parties when the documents were signed for they were mistaken as to their meaning and effect. Factual outline [12] Mr Keepa is partially disabled as a result of an accident he suffered to his left hand when he was a teenager. After rehabilitation he took up driving and has had various employment as a forklift driver, driver of heavy machinery, driver of truck and trailer units...

2. CAC 10064 v Jin [2013] NZREADT 57 [pdf, 80 KB]

   ...where the licensee: (i) Was aware of the significant discord between the complainant and Mr Choi; and (ii) Had a close personal relationship with Mr Choi, which included having lived together at times and Mr Choi having cared for the licensee’s disabled father.” 2. Complaints Assessment Committee 10065 further charges Honn Jin, licensee, with misconduct under s.73(a) of the Real Estate Agents Act 2008 in that his conduct would reasonably be regarded by agents of good standing, o...

3. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...do not consider that the Authority is bound, at least as strictly as in some other dispute resolution forums, by a party’s pleadings. That is especially so where, as here, an applicant is not represented professionally and/or may be under a disability. In this regard, I respectfully agree with the approach of the Human Rights Review Tribunal to pleadings in its recent judgment on this question in Singh v Singh and Scorpion Liquor. 16 It said: 17 … we are of the view that...

4. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application for Interim Non-Publication Orders) [2013] NZHRRT 14 [pdf, 106 KB]

   ...of the Director to seek as a remedy non-publication orders. It can only do this by making an interim non- publication order binding on the SSGT and others. Put another way, unless an interim non-publication order is made, the Tribunal may well be disabling itself from being able to make a proper determination as to the appropriate remedy to be granted in the event of the Director being successful in these proceedings. http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?...

5. Haupini v SRCC Holdings Ltd (Application by Defendant for Costs) [2013] NZHRRT 23 [pdf, 104 KB]

   ...the Tribunal may in the future require persuasion that the Tribunal’s earlier approach to costs has given sufficient weight to the special nature of the Tribunal’s jurisdiction under the Human Rights Act, the Privacy Act 1993 and the Health and Disability Commissioner Act 1994. For present purposes, however, we intend deploying the principles as set out in the passage cited from Herron v Spiers Group Ltd which we note were also the principles agreed to by the parties in Attorney- Gene...

6. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

   ...total responsibility for the whole of the arts course or the travelling expenses. On the contrary, the emphasis is on rehabilitation and the encouraging of independence and it would be wrong for the appellant to think that with his relatively minor disability he can rely on the public purse to meet all his expenses over a period of years. …Having elected to do an unpaid arts course he must rely on the rehabilitation provisions. As I see it this means that the Commission, if it accept...

7. Rossi v Chief Executive of the Ministry of Business, Innovation and Employment (Strike-Out Application) [2016] NZHRRT 18 [pdf, 103 KB]

   ...Immigration Act and the New Zealand Bill of Rights Act 1990 (Bill of Rights). [35] As correctly pointed out in the submissions for the Ministry, the Tribunal’s jurisdiction is limited to the Human Rights Act, the Privacy Act 1993 and the Health and Disability Commissioner Act 1994. The Tribunal does not have jurisdiction in respect of other New Zealand statutes, including alleged breaches of the Immigration Act and the Bill of Rights. See Howard v Attorney-General [2006] NZHRRT 46 at...

8. [2011] NZCA 14 CA405/2010 Idea Services Ltd v Dickson [pdf, 161 KB]

   ...counsel. REASONS OF THE COURT (Given by Chambers J) Sleepovers [1] Idea Services Ltd, the appellant, employs Phillip Dickson, the respondent, as a community service worker. Mr Dickson in this role provides care and support for people with disabilities who live in community homes. He is sometimes required to do what the parties call ―sleepovers‖. On sleepovers, Mr Dickson is required to be at the community home overnight so that he can be on hand to deal with any issue...

9. Brown v New Zealand Post Ltd (Recusal Application) [2016] NZHRRT 37 [pdf, 287 KB]

   ...reg 5 for the commencement of proceedings, are published on the Tribunal’s website. There are three forms in all, reflecting the Tribunal’s separate and distinct jurisdictions under the Human Rights Act, the Privacy Act 1993 and the Health and Disability Commissioner Act 1994. To initiate proceedings an intending plaintiff must first satisfy the eligibility requirements separately prescribed by those three statutes and in addition must meet the description of one of the persons list...

10. [2016] NZEmpC 167 Labour Inspector v Tech 5 Recruitment Ltd [pdf, 250 KB]

    ...whose wages it was deducted, may recover that amount from the employer as a debt due to the person; and civil proceedings for the recovery of the amount may be instituted in the Employment Relations Authority by the person or, notwithstanding any disability to which the person is subject, by a Labour Inspector designated under section 223 of the Employment Relations Act 2000 on behalf of the person. (3) Any such proceedings instituted by any Labour Inspector may be continued or...