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1. LCRO 13/2024 OB and HG v NC (12 June 2024) [pdf, 228 KB]

   ...fees charged because of errors and omissions made by the respondent as executor; (c) “compensation…for the anguish at the loss of family relationships because we had to attend to securing the loan and seeking repayment through the court … [a] job that [the respondent as executor] should have done”; (d) that no further fees be charged to the estate for dealing with the complaint; (e) to have the estate wound up and finally distributed. [30] The respondent responded succinct...

2. Lothian v Accident Compensation Corporation (Work Related Mental Injury) [2023] NZACC 99 [pdf, 199 KB]

   ...but the PCO verbally abused her on the phone she was duty with the prisoner and used foul language. Donna indicated that there were several such incidents of being verbally abused by senior and that made her feel very upset because she lover he job and was doing it sincerely and seriously. [14] Dr Pereira also recorded Ms Lothian's report of what happened on 8 April 2019. This was report consistent with the description in Ms Lothian’s emails to her employer. Dr Pereira di...

3. Chalecki v Accident Compensation Corporation (Entitlement to Vocational Rehabilitation Costs, Decision Capable of Review) [2023] NZACC 88 [pdf, 297 KB]

   ...1988, Mr Chalecki put considerable money into his farm, including running chickens as well as pigs. Eventually, he also purchased a larger farm. This was to enable him to be fully self- employed as an alternative to retaining or going into another job. (11) Unfortunately, Mr Chalecki was never able to become self-sufficient and he incurred considerable expenses and losses in his attempt. These costs are described as vocational rehabilitation and transportation costs. (12) From m...

4. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...described his journey back to Wellington from Martin Brower as a “nightmare”. He was particularly fearful that being labelled a drug dealer would make him a target for gangs located in the territories through which he would drive on long-haul jobs. Upon his return to Wellington, Mr Cummings stated that he was “in a mess, emotionally”. [40] We accept Mr Cummings’ evidence as credible and are satisfied that the disclosure, which precipitated the comments made to Mr Cummin...

5. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...three months‟ loss of earnings award by the Authority covered the period up until 22 August 2009. I mention these dates because, although there was no cross-challenge, the defendant in its statement of defence alleged: “That the Plaintiff‟s job would have come to an end on or about 30 June 2009 as the Ministry of Health funding for the position came to an end for the position that the Plaintiff held.” [8] The case had been set down for hearing in this Court at Palmerston N...

6. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

   ...traceable to those conditions. [22] I accept Mr A Martin’s submission that establishing a reason for stress- related cases may involve a multi-factorial analysis taking into account, among other factors, the interaction between the individual and the job and that adverse reactions to stress are individual4. The need for a sickness to be able to be traced directly to conditions of work sets a reasonably high threshold for any applicant to meet. [23] However, I agree with Mr D Mar...

7. [2013] NZEmpC 48 Wareing v Tyco New Zealand Ltd [pdf, 76 KB]

   ...issues of stress upon the plaintiff as a result of his workload, arising from the Christchurch earthquake and, he claims, brought about by the company’s wrong prioritisation of his work. Mr Wareing was approaching retirement when he lost his job. The Authority’s determination records that in his 11 years of employment he only received one written warning for misconduct arising out of a disagreement with a colleague a number of years before his dismissal. [17] Ms Dalziel argues...

8. [2015] NZEmpC 143 JAE Sales Ltd t/a Aussie Butcher Birkenhead v Prins [pdf, 94 KB]

   ...entries do not indicate what they relate to. [18] Mr Prins was able, in his evidence, to recall accurately the periods of leave he took over the time of his employment with JAE. He accumulated a lot of annual leave because of his dedication to the job. The same applied to the accumulation of any sick leave and he strongly disputed Mr Viall’s assertions that sick leave was taken beyond his entitlements and can now be deducted from the annual leave entitlement owing to him....

9. Ms D 7 July 2015 NZSHD 6 [pdf, 46 KB]

   ...her 30s. Clearly alcohol was a common denominator in the past and the applicant realises this. She says she has now abstained from alcohol for the last six months as a result of the last incident in December 2014. [42] The applicant has a good job and her prospects within the company will be enhanced were she to obtain a certificate. She is spoken of very highly by her regional manager, a fellow employee and her former supervisor. [43] The applicant’s partner was at the hearing to...

10. [2016] NZ EmpC 29 Kilpatrick v Air NZ Ltd [pdf, 93 KB]

    ...appropriate. [12] Unfortunately, while Ms Kilpatrick appears to rely upon her financial circumstances as a basis for substantially reducing or waiving costs, she has not provided sufficient detail to corroborate her statement that she “still has no job, career, house, income [and] carries a financial debt in excess of $80,000 to her family and friends”. Nevertheless, from the information I was able to gather about Ms Kilpatrick from the interlocutory proceedings and during the...