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1. HN v D Ltd [2025] NZDT 136 (14 February 2025) [pdf, 209 KB]

   ...the chimney which suffers damage overtime from the heat. Mr E had carried out this repair and then lit the frost pot to check it was working correctly. He then shut it down which usually extinguishes the flames. 6. Mr E then moved on to another job in the workshop but noticed that the frost pot had not yet extinguished as expected. He rechecked it had been shut down correctly (which it was) so he got a fire extinguisher and put it nearby and kept an eye on it for another 2-3 minutes....

2. BQ & DQ v I Ltd [2025] NZDT 133 (28 March 2025) [pdf, 206 KB]

   ...consultants’ costs payable to other suppliers, but a large proportion of which were I Ltd’s labour costs, which presumably include an element of profit (I Ltd’s timesheets show labour rates of $79 to $125 +GST per hour for its workers on this job and those figures would appear to be rates billable to customers rather than the actual cost of labour to I Ltd). CI0301_CIV_DCDT_Order Page 3 of 4 17. BQ and DQ’s payment of $6500.00 for the pre-contract work is also relevan...

3. 2025 NZPSPLA 111 pdf [pdf, 99 KB]

   ...require him to have a COA. [10] Mr Penjueli has provided a text sent by Mr James in December 2023 asking if any work was available and advising he did not at that time have a COA. Mr Penjueli responded to that text saying they did not have any jobs that did not require COAs. [11] I therefore conclude that there is insufficient evidence to establish that GRM have engaged any other security workers other than Mr James who did not hold the required COAs. GRM however contravened s 45(...

4. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...done. Conversely, as soon as the need is foreseeable, only part-time work is automatically created: the employee is not a casual worker but a part-time one. Moreover, as soon as an employee’s availability is guaranteed and assured, a part-time job is automatically created. Casual employment is therefore the product of a given employer’s unforeseen need to have work performed and the chance, random and voluntary availability of a given employee. [51] In another case, the Board sa...

5. [2006] NZEmpC CC 12/06 Bayliss Sharr & Hansen v McDonald [pdf, 85 KB]

   ...basis of the findings of fact made by the Authority and recorded in its determination. The facts [9] Ms McDonald is a young woman who was employed by the firm of Bayliss Sharr & Hansen (“BSH”) as an office junior. This was her first job and it was arranged as part of her course of study at the Christchurch Polytechnic. Each week, she worked for BSH for 4 days and then attended classes at the Polytechnic on the fifth day. [10] There were difficulties in the employme...

6. Ratahi v CAC301 & Legge [2015] NZREADT 62 [pdf, 221 KB]

   ...licensee to commission. [33] Mrs Legge conceded to the licensee that if she had brought the listing agreement to them on 24 January 2014, as she had intended, the complainants would have signed it. Mrs Legge said that she thought she should pay for a job done but that, in this case, she was very unhappy because at the time the purchasers’ offer was put to Mr and Mrs Legge by the licensee they wanted a few days to think about it and whether to sell at the price offered. The licensee...

7. Napia - Waihou A No 2A No 1 (2015) 97 Taitokerau MB 212 (97 TTK 212) [pdf, 215 KB]

   ...brother and in response Mr Napia spoke to her brother in a raised voice. Mrs Ashby could recall the exact words that Mr Napia used but she objected to him speaking in a raised voice. Mrs Ashby otherwise advised that Mr Napia did “a brilliant job at the hui”. [75] In response Mr Napia accepted that he did speak in a raised voice but stated that he was attempting to do so in a jovial manner and he did not intend to cause any offence. Mr Napia also unreservedly apologised for an...

8. [2015] NZEmpC 192 Lim v Meadow Mushrooms Ltd [pdf, 192 KB]

   ...resignation was actually a constructive dismissal. [15] Turning to remedies, the Authority first considered Mr Lim’s claim for lost wages. It recorded that Mr Lim had given evidence he was devastated by the allegations and the resulting loss of a job in which he had been employed for 20 years. The Authority accepted that Mr Lim was initially in no fit state to seek further employment, although he had obtained some temporary work in October 2014, within two months of his dismi...

9. [2014] NZEmpC 49 Patel v OCS Ltd [pdf, 117 KB]

   ...claim. [51] I would not have been satisfied, based on the relative paucity of evidence before the Court, that Ms Patel took adequate steps to mitigate her loss. It appears, although limited details are provided, that she applied for a number of jobs but that she did not seek cleaning work, which she would have been well qualified for. Mr Reynolds’ evidence was that such work is readily available. While Ms Patel was a cleaning supervisor, I consider that she could reasonably hav...

10. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

    ...Reynolds Mechanical Ltd v Denyer,11 and these were summarised in my judgment of 12 April 2017 as follows:12 [139] An analysis of s 140 of the Act was given in the recent Court of Appeal decision of Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer. The case concerned a fine which had been imposed because an employer had failed to comply with a compliance order requiring it to pay certain sums of money, but the Court made some general observations as to...