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1. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...disposal from various Auckland hospitals. [7] Particular features of Mr Allen’s work include that he was paid for the time between when he clocked in and when he clocked out of work. There was no, or only minimal, external supervision of his job performance and no systematic oversight of the hours claimed by him. Although Mr Allen was permitted two 20- minute paid refreshment breaks and a 1 half-hour unpaid meal break, when and how these were taken were left largely to him. T...

2. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...confidential and that the “parties also agree not to speak ill of each other”. When the plaintiff continued to have difficulties finding new employment and was then dismissed from that which he eventually found, he believed that he lost his job because of his former employer’s unfavourable comments. He brought a claim in the Employment Court against the former employer for breach of the settlement agreement. The plaintiff sought damages for breach as well as cancellation of...

3. VAN DER PASCH Willem Lambertus (CSU 2011 HAM 000424) [pdf, 215 KB]

   ...wearing of quad bike helmets. 17 [109] To summarise MBIE’s position, they had four key messages which I endorse. [110] There are four safety steps to consider; firstly, riders of quad bikes must be trained and experienced enough to do the job as required. To ensure the right vehicle is used for the right job. That makes reference to ensuring that the quad bike is not used beyond its capabilities. It may mean using other vehicles whether it is a side-by-side vehicle or a...

4. MCINNES John Roderick (CSU 2010 WHG 000188) [pdf, 194 KB]

   ...the wearing of quad bike helmets. [113] To summarise MBIE’s position, they had four key messages which I endorse. [114] There are four safety steps to consider; firstly, riders of quad bikes must be trained and experienced enough to do the job as required. To ensure the right vehicle is used for the right job. That makes reference to ensuring that the quad bike is not used beyond its capabilities. It may mean using other vehicles whether it is a side-by-side vehicle or a trac...

5. CORNELIUS Grant Charles (CSU 2011 AUK 001161) [pdf, 235 KB]

   ...the wearing of quad bike helmets. [119] To summarise MBIE’s position, they had four key messages which I endorse. [120] There are four safety steps to consider; firstly, riders of quad bikes must be trained and experienced enough to do the job as required. To ensure the right vehicle is used for the right job. That makes reference to ensuring that the quad bike is not used beyond its capabilities. It may mean using other vehicles whether it is a side-by-side vehicle or a trac...

6. McDonald v Accident Compensation Corporation [2015] NZACA 14 [pdf, 207 KB]

   ...orthopaedic surgeons and Mr Milsom found himself under “such pressure” from Mr McDonald. Mr Milsom doubted whether the new bone spur was in fact causing him so much trouble. Mr McDonald was not a high priority category. His mother said a job had been offered to him, once the stump had been revised and a new prosthesis fitted. However, there was no guarantee Mr McDonald would admit any improvement after the revision. He would ask Mr Dawe to look at him. [26] On the same...

7. [2018] NZEmpC 77 Jones v Downer NZ Ltd [pdf, 482 KB]

   ...first place was because, he said, he was being bullied by Mr Green and Mr Gray. He did not say how. [31] The second incident on 31 May 2016 was an email to Mr Green, ostensibly sent by Mr Jones. Mr Green had sent him an email asking for daily job reports to be supplied before 8.30 am each day. The out-of-context reply was:2 2 Reproduced verbatim. Hi Aaron,If you see me smiling,it’s because I’m thinking of doing somet...

8. [2025] NZEmpC 76 Vegepod NZ Ltd v Lowe [pdf, 291 KB]

   ...Act 2000, s 125. See also (4 December 2018) 735 NZPD 8529. In my view the fact that reinstatement is prescribed as the primary remedy, and that it has long been acknowledged by the Courts that money is a poor substitute for the loss of a job, means that the threshold (not practicable/not reasonable) is a high one.13 As has previously been observed, routinely declining orders of reinstatement in the face of unlawful action monetises the employment relationship. That, in turn...

9. McKinney v Cassidy [pdf, 259 KB]

   ...is $319,504.48 as shown in paragraph 4.3 above. 6.2 The work has all been completed so that there has been no reason to estimate or guess the extent of damage, or the costs to repair. The Owners employed Mr Maiden of Prendos Ltd to prepare job specifications and documentation for tendering purposes. The job was awarded to Reconstruct Ltd, a firm of builders that specialises in this type of work. Mr Maiden supervised the work and has given evidence on the costs. 6.3 During...

10. April 2015 National Pānui [pdf, 288 KB]

    ...- Amendment of Court Record A20150001849 164/93 Nora Bezzina Takahiwai 3A1B & 3 Others - Transfer of shares from Nora Bezzina to Tangiwai Mary Appleton Kepa A20150001961 214/93, 219/93 June Tam Te Konoti A3 - Constitute the William and Roma Job Whänau Trust in respect of the interests of Richard Job, Richard William Job, Shirley Rachel Riley, Shirly Rily, Lydia Tamarua, May Job, Nancy Hepi, June Tam, Margaret Peka and Freda Takimoana and appointShirley Rachel Rielly, Nancy May H...