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1. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...that Thermosash is obliged to pay him a week’s wages and claims $50,000 compensation for negligence and unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an application to strike out the statement of claim in its entirety. The application is advanced on two principal grounds. Firstly, that the statement of claim di...

2. [2010] NZEmpC 151 Kiwis Stat Ltd v Nichols [pdf, 42 KB]

   ...hospital. If accepted by the hospital, the plaintiff becomes entitled to a fee from the hospital based on the payment made by the hospital to the doctor. [8] The defendant was employed as a “locum coordinator”. Her role was to receive requests from a particular group of hospitals and to match a doctor to each request. [9] The parties had a written employment agreement, two clauses of which were: 17. Restraint of Trade and Non-Solicitation 17.1 The employe...

3. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...solicitors on 13 June setting out further allegations and referring to documents which appeared to demonstrate that the defendant had had access to personal email accounts and had sent emails from his laptop via a personal email account. The plaintiff requested access to copies of the emails and the documents concerned. The defendant’s solicitors responded on 22 June denying that any information the defendant had passed on to another company belonged to the plaintiff or that the...

4. Auckland Standards Committee v Ram [2014] NZLCDT 76 [pdf, 103 KB]

   ...in Issue 3 “Yes”. Issue 4 - Was the non-compliance wilful or reckless? [30] We consider that the Standards Committee has made out a strong case to infer the non-compliance is wilful or reckless. He has an obligation to comply with lawful requests of the Standards Committee. His correspondence is lengthy, tangential, self-serving and evasive. [31] Section 7(1)(a)(ii) defines wilful or reckless breaches of the Rules or the Act as misconduct. [32] Thus the Standards Committ...

5. Auckland Standards Committee 4 of the New Zealand Law Society v Thoman [2011] NZLCDT 8 [pdf, 136 KB]

   ...order that she could undertake the work necessary to advance his application for permanent residency. The practitioner did not undertake the work she was retained to do. Mr I ultimately had to instruct another agent to act for him, but despite requests to do so, Ms Thoman never returned the documents which had been provided to her (although her assistant returned Mr I’s passport), nor did she ever explain why she had not carried out the work she was retained to do. P [Heyns:...

6. Nairn v Peebles LCRO 109 / 2010 (14 December 2010) [pdf, 100 KB]

   ...defective, or that the purchasers had agreed to accept the title with the defect. [4] The contract was conditional upon the vendor undertaking a due diligence enquiry, a condition that was to be fulfilled by 6 July 2009. The purchaser made two requests for extensions of time which were granted and the contract become unconditional on 24 July 2009. The settlement date of 31 July remained unchanged. [5] On 24 July, after being informed that the contract was now unconditional,...

7. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...15 January 2012, the complainant’s current visa expired and she was in New Zealand unlawfully as a result. [14] On 17 January 2012, Immigration New Zealand received the resubmitted the work visa application from Mr Hassan. This was treated as a request for a visa under section 61 of the Immigration Act. 3 [15] On 21 January 2012, Mr Hassan wrote to Immigration New Zealand regarding this request stating, among other things, that the application had been submitted before t...

8. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 17 March 2014 2 DECISION Preliminary [1] The essence of the complaint was that the adviser did not deal with the complainant; rather, unlicensed staff performed the professional duties and mismanaged the complainant’s instructions. [2] The adviser was the only licensed immigration adviser in her practice. She says unlicensed persons provided clerical services, but did not provide professiona...

9. LCRO 3/2018 MA v JE and BN (19 June 2018) [pdf, 109 KB]

   ...drafted. Ms MA remained critical of the lawyers for not making the best use of the unsigned 2011 will, although Mr JE explained Ms MA was aware of the will because she had come in with her former partner and the will in 2010. Mr JE confirmed he had formed a view about the possible utility of the will in any court 5 proceeding, expressed the view that Ms MA had a good case without it and there were risks for her in seeking to rely on it. [18] Ms MA says she had forgotten abou...

10. Letter to submitters on Panuku Development Auckland Limited [pdf, 339 KB]

    ...staff can give you about how to proceed is limited, however, and you should consider seeking professional advice before becoming a party to the proceeding. If you do wish to become a party to this proceeding, please complete and return the attached form (Form 33 – section 274 notice) by 5:00pm on 16 July 2018. (The form can be downloaded from the Environment Court’s website at https://environmentcourt.govt.nz/forms-fees/). You will also need to serve your section 274 notice on Panu...