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1. 2017 NZSSAA 059 (11 October 2017) [pdf, 90 KB]

   ...5 September 2017 Appearances No appearance by or on behalf of the appellant For Chief Executive of the Ministry of Social Development: J Hume DECISION Background [1] This appeal concerns the Chief Executive’s decision to cancel jobseeker support from 23 December 2015 because the appellant failed to meet work obligations. [2] A Benefits Review Committee considered the issue and the appeal before the Authority is against the Benefits Review Committee’s decision....

2. [2021] NZACC 109 - Martins v ACC (26 July 2021) [pdf, 161 KB]

   ...and his wife had worked very hard in their painting and cleaning business since arriving in New Zealand in 2005. [b] Several medical reports state that Mr Martins’ cervical injury is one of the reasons why he is not able to work in his previous job. [c] A day before the injury on 18 August 2015, Mr Martins was working normally 10 hours a day, 6 days a week. “How was this possible?” [d] Accordingly, a review about Mr Martins’ cervical spine injury is necessary.3 [10] In...

3. RC v TR Ltd [2021] NZDT 1573 (15 July 2021) [pdf, 185 KB]

   ...However having seen the amount of time the workers spent on the roof and that scaffolding was not required, RC believes that he may have been overcharged. He has requested TR Ltd to provide details of how the company assessed the amount for the job and this has been refused. RC has not paid the balance owed on the contract. TR Ltd has claimed $1,626.00 in its counterclaim. Decision Does the law provide opportunity for a fixed price contract to be reviewed? 2. The la...

4. [2023] NZEmpC 135 MGK Homes Ltd v Yoon [pdf, 162 KB]

   ...daughter, which was difficult. (ii) Three nights’ accommodation booked by the defendant’s counsel (at a cost of $765) has now become non-refundable. (iii) It will be difficult for the mutually appointed interpreter to find an alternative job in those hearing dates at the last minute, so she will likely be left with no income for those dates. (iv) While the plaintiff seeks an adjournment for approximately two months as it is “expected to complete a build project” within t...

5. TT v BF & Ors [2023] NZDT 147 (22 March 2023) [pdf, 124 KB]

   ...left reasonably clean but approved the carpet staining as two separate claims. TT now claims the amount of her insurance excess, $2,000.00, from the Respondents’ on the grounds that WT did CI0301_CIV_DCDT_Order Page 2 of 3 not do her job properly and should not have refunded the tenant’s bond whilst leaving the carpet in a stained condition. 5. In relation to the bond, the Management Agreement provided to the Tribunal in evidence states (second page, first column,...

6. SU v WC [2022] NZDT 215 (21 November 2022) [pdf, 110 KB]

   ...Was the work carried out with reasonable care and skill? 5. SU and TN explained that WC discussed the work on site before providing SU with a quote for $9,056.25 for the construction of a new concrete floor over an existing concrete pad. The job required the new footings to be outside the old building line to an overall size of 63m2. WC assured the applicant that he understood what was require and that he had the abilities to complete the work as agreed. 6. WC required a payment...

7. KG v TQ [2023] NZDT 789 (22 December 2023) [pdf, 93 KB]

   ...the work two weeks after the payment. TQ has not returned to the property to carry out the work, despite KG attempts to contact him and arrange for the work to be completed. I find that through his lack of communication and failure to return to the job TQ has made it clear that he does not intend to perform his obligations under the contract. Therefore, KG is entitled to a full refund. Conclusion 11. For these reasons TQ is to pay KG the sum of $1,150.00 by the date stated in the or...

8. BT Ltd v X Ltd [2022] NZDT 131 (8 September 2022) [pdf, 106 KB]

   ...to be fixed at the lower rate of $75.00 per hour instead of the higher rate he charged before he took on full time work with X Ltd. LN worked for X Ltd for a period of 14 months and each month his invoice was paid without any reference back to the job the time was to be allocated to. 7. The counterclaim filed by X Ltd is in part for BT Ltd charging for public holidays when the business was closed. 8. It appears there are sufficient grounds for a determination to be made whether th...

9. SI v B Ltd [2023] NZDT 226 (26 April 2023) [pdf, 89 KB]

   ...District Court [2023] NZDT 226 APPLICANT SI RESPONDENT B Ltd The Tribunal orders: The claim is dismissed. Reasons 1. SI has income protection insurance with B Ltd. In April 2021 he injured his right foot during his job as a plumber. He visited a podiatrist over a number of months and carried on working as best he could. 2. The injury did not improve and by September 2021 he was terminated from his employment – he acknowledges that his performa...

10. [2024] NZEmpC 94 Pride v Barker and ors [pdf, 173 KB]

    ...factors which weigh in favour of a costs award, the Court is mindful that these proceedings arose in the context of a case involving the uncertain intersection of employment rights and obligations, and cases involving COVID-19. Ms Pride lost her job as a result of her exercising her right to refuse medical testing and her right to privacy. Ms Pride is a self-represented litigant, with no apparent legal training or appreciation of how costs are dealt with in Court. She has commen...