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1. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...depiction of Mr HN as a person experienced in litigation matters (which it appears he was), and his advancing of argument that Mr HN was not a vulnerable client, appeared to suggest that Mr ZW had expectation that if he himself did not get on with the job, Mr HN would. [68] None of these arguments assisted Mr ZW. To the contrary, they diminished his position. They reflected a casual indifference on the part of Mr ZW to his fundamental obligation to advance and protect the interes...

2. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

   ...collective agreement [33] The collective agreement ISO proposed to MUNZ is comprehensive. The coverage clause proposed means the agreement would apply to all of ISO’s employees who are members of MUNZ at the Port of Tauranga irrespective of their job descriptions. That includes Mr Lye. [34] The proposed availability provision is in clause 11. The clause recognises that ISO works all day every day by referring to its operation as “continuous 24/7” dependent on client needs...

3. [2022] NZREADT 23 - CAC 1904 v Bright (8 November 2022) [pdf, 278 KB]

   ...sat normally in the seat. There were not any long periods of silence or any other indication that she was uncomfortable or unhappy in any way. They discussed the two properties. She said she was not ready to buy, as she first needed to get a job up north. It came as a bit of a bombshell that she was not going to buy anyway. 10 [62] Once they returned to the office, they got out and stood at the rear of his vehicle where they had a discussion for two or three minutes. He...

4. [2021] NZACC 81 - Goodwin v ACC (15 June 2021) [pdf, 293 KB]

   ...and drink, writing daily journals and written reports for work. He felt that the injury had changed his life and did constitute a personal injury. His mother Mrs Campbell said her son Simon had a fine tremor which did not prevent him doing his job as a carer. The tremor increased during the time his lithium was not monitored and he had to take time off work. The tremor worsened to the point he could no longer carry out simple tasks like pouring a glass of water and eventually he...

5. [2022] NZACC 19 - McBryde v ACC (9 February 2022) [pdf, 453 KB]

   ...compensation ceased. [22] On 1 February 1997, Mr McBryde wrote to the ACC and advised that his condition had worsened. He eventually had to give up his studies in Australia, returning to New Zealand in August 1997 with the intention of finding a job. On his return to New Zealand, he tried chiropractic treatment funded by ACC. This had limited impact. [23] It then appears that there was a period of no contact between Mr McBryde and the Corporation up until 2001 when a medical...

6. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...the next two weeks to reconsider what I have put forth as I intend to formally hand in my notice of resignation as the risk to reward ratio is unviable to continue my employment under the current arrangement. I believe I could easily attain a new job with a similar pay rate and none of the associated dramas. … … I don’t believe that prior to [Ms A’s] allegations your answer would have been a flat out no to the email I sent you requesting a raise. … If you believe I’ve...

7. Adams v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 013 [pdf, 452 KB]

   ...those levels. He was managing relatively well with medication and now that he was no longer undertaking repetitive work, Mr Van Dalen felt it was not unreasonable to consider gradual repetitive injury considering the significant nature of the job he had. If his problems increased a fusion could be considered. (24) Mr Adams completed the Claimant Questionnaire on 11 December 2019. He described his problems as back pain, first noted in 2007. He had worked for Silver Ferns from 1...

8. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...The clinical history is therefore not consistent 10 with the client sustaining a traumatic left knee meniscal or chondral injury in 2001. In 2016 the client reported to ACC she worked as a general hand/fin fisher between 2001 and 2008, a job which involved loading freezers on a boat for 8 hours. When she was not working the client described her activities as gym, swimming and cycling for 7 hours per week. This level of activity is not consistent with the disability of traumat...

9. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...her second year of practice, she decided to complete her post-graduate certificate in palliative care and in May 2015 she commenced work with the DHB as a community nurse in that area of nursing. She says that she was extremely dedicated to her job and was recognised as being very good at it. Her competency and commitment to the needs of the people she cared for was, she says, never called into question. The DHB became aware of Facebook posts by Ms Turner [6] In March 2021,...

10. Stryder v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 68 [pdf, 285 KB]

    ...helpful principles and they are mentioned here. In Vincent [2006] NZACC 79, I noted that continuing to work or "soldiering on" did not bar retrospective weekly compensation if the claimant was truly not able to meet the requirements of the job. A comparison case was Little [2007] NZACC] 196, in which Judge Beattie found that the medical evidence was clear that he was incapacitated from the pain that he was experiencing from covered injuries. That differs from the present c...