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1. Prasad v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 182 (18 November 2024) [pdf, 309 KB]

   ...to refer Mr Prasad for an independent medical assessment with another Occupational Physician. Following receipt of this assessment, a new cover decision was to be issued with fresh review rights. [18] It was found that a functional job description of Mr Prasad’s work had already been carried out by Occupational Therapist, Sarah McEntee, and it was agreed to rely on this report. [19] The Corporation then obtained a Complex Medical Case Review Report from Dr David Pa...

2. [2025] NZEmpC 207 Lyttelton Port Company Limited v Maritime Union of New [pdf, 336 KB]

   ...15 September 2025 JUDGMENT OF JUDGE K G SMITH [1] In July 2024, Lyttelton Port Company Ltd (LPC) introduced a health monitoring policy and procedure intended to apply to all new and existing employees who work in safety-sensitive jobs at the port. [2] A dispute arose between the company and the Maritime Union of New Zealand (MUNZ) over whether the union’s members who are employed by the company can be compelled to submit to the policy. [3] MUNZ sought a fin...

3. [2010] NZEmpC 106 Fonterra Cooperative Group Ltd v Te Stroet [pdf, 15 KB]

   ...condition attaching to the adjournment is that, as from today, Mr Te Stroet must be restored partially to the Fonterra payroll. The defendant will be remunerated at a rate between Mr Te Stroet’s current ordinary time earnings in his job he is presently performing and will retain, and what he would have earned had he not been dismissed from the position with Fonterra. That will necessitate an arrangement being put in place so that Fonterra is notified of Mr Te Stroet’s...

4. [2015] NZSSAA 037, 28 May [pdf, 22 KB]

   ...appellant did not apply for Sickness or any other benefit before December 2009. The first reason is that he was in a very distressed and depressed frame of mind. The second is that throughout this period the appellant was convinced that he would get his job back when a claim against his employer went through the Employment Tribunal. The third reason is that the appellant’s partner was working and was able to pay the basic household expenses. There was therefore perhaps less pressure...

5. [2014] NZEmpC 122 Tan v Yang & Zhang costs [pdf, 55 KB]

   ...ought to be made having regard to the plaintiff’s conduct in commencing and pursuing the challenge in this Court. The plaintiff submits that it would be unfair to award the costs sought by the defendants because of their conduct in seeking a job offer on behalf of their daughter. It is the plaintiff’s conduct in pursuing the litigation, not the defendants’ conduct in relation to events giving rise to it, that is relevant. [8] Useful guidance to the award of indemnity...

6. [2006] EmpC AC 48/06 Lexis Nexis New Zealand Amalgamated Engineering Printing Manufacturing Union Inc v Energex Ltd [pdf, 47 KB]

   ...of new term and significant change because forced employees to either refuse training they agreed to undergo under CEA, or sign bond without requirement to do so having been ratified - bond placed restraint on em- ployees' ability to change jobs without financial penalty - unfavourable outcome for employees and therefore inconsis- tent with CEA - bonding agreements new matters because not part of entire agreement between union and employer as contained in CEA - bonds only valid if h...

7. Southland Standards Committee v McFie [2017] NZLCDT 2 [pdf, 183 KB]

   ...practising certificate to the Standards Committee on the same day of the intervention which occurred on 20 August 2015. [10] The respondent now has National Superannuation as his sole source of income. His counsel advised the Tribunal that he has no job, no home and no savings. [11] The respondent responsibly accepted that he should be struck off. All matters that might have invited a lesser penalty in other circumstances do not assist the respondent when the amount of money tak...

8. EB v UY [2015] NDT 867 (11 December 2015) [pdf, 81 KB]

   ...UY made several attempts to remedy the problems of leaking from the shower but was not successful. [7] The independent report obtained by EB details both the issues and the causes, the conclusion in the report reading “This whole job has been very poorly done with little knowledge of waterproofing or tiling correctly”. The report writer provided sufficient detail and photographs in the body of the report to support this conclusion. [8] UY did not dispute the ove...

9. Mane v Mane - Waihou A8C1B1 (2006) 107 Whangarei MB 300 (107 WH 300) [pdf, 608 KB]

   ...accurately reflect the amendments of the site area for Barney Mane's occupation site and to record accurately the dimensions of Lawrence's site. The surveyor is to discuss with the Registrar the appropriate standard of plan for the job - that is whether a full survey is required or a sketch plan is sufficient for the purposes of this application. Given the animosity underlying this application, it is my view that this Court should formally convene at the site to allow th...

10. [2021] NZEmpC 40 The Chief of New Zealand Defence Force v Darnley [pdf, 168 KB]

    ...as a high one.2 [3] Ultimately, the Court is required to weigh the interest in open justice with other interests. Particularly relevant in this jurisdiction is the potential for significant and long-term damage to reputation (including future job prospects) in publicizing the names and identifying details of parties and non-parties (such as witnesses). The reality is that the routine online publication of decisions of the Employment Relations Authority and the Employment Court cr...