Search Results

1. [2007] NZEmpC WC 21/07 Electrotech Controls Ltd v Rarere [pdf, 45 KB]

   ...Between 2000 and 2004 the defendant had five written employment agreements, the last dated 15 September 2004. Each fixed the term of her employment by reference to her achieving a qualification as an electrician. [9] The last agreement had a job description for the position of apprentice electrician. It defined the tasks as follows: An Apprentice is an employee working under a training agreement with the employee and the relevant industry-training organisation in the trade as des...

2. [2011] NZEmpC 132 Kaipara v CHH Ltd [pdf, 125 KB]

   ...circumstances but never states he would be unable to pay them. [20] Even if the material in the brief of evidence before the Authority was taken to be sufficient, it clearly links the impecuniosity to the dismissal which has cost the plaintiff his job. For the reasons I have noted above, this Court has shown a marked reluctance to make orders for security for costs against grievants whose financial circumstances may have been caused or contributed to significantly by their...

3. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...he had done amounted to a contempt of Court for having continued to work on the Thor System. On 21 January 2009, after having spoken to other ex-colleagues in TTL he decided to meet with TTL’s lawyers, Bell Gully, and he related to them the jobs and tasks he had been performing. He sought an immunity by offering to assist TTL by providing a sworn affidavit of what he had done in the relevant period. The affidavit he provided was used by TTL to obtain from the High Court an inte...

4. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...characterised as devoid of merit. [13] Counsel for the defendant take issue with the suggestion that Mr Lawson’s claimed financial position is directly attributable to his dismissal (justified or otherwise). They submit that while he lost his job he may have been able to find another one, and has put insufficient material before the Court to support a conclusion that he has taken adequate steps to do so. In Du Claire v Palmer, MacKenzie J held that the “possibility of a conn...

5. Rowe & Ors v CAC306 & Ors [2015] NZREADT 82 [pdf, 111 KB]

   ...in breach of Rules 6.2 and 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. On the facts that we have, we do not consider that she breached Rule 5.1. She was in her probationary period and it was Mr Lowe’s job to properly supervise her. [25] In the circumstances however, given that she was a new agent, we consider that a finding of unsatisfactory conduct is all that is required and no penalty is required. The Tribunal amend the Authority’s pe...

6. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...easy but soon realised how time consuming the business was and decided to ask an associate to help with the accounts, this is when we decided to set up the company. Unfortunately this did not work out as expected as my business partner started a new job. We did not have a proper process for the processing of invoices and rental payments and commission deductions and managing invoice payments for work carried out on the rental properties. As mentioned in the Memorandum that in Februar...

7. [2015] NZSSAA 015, 31 March [pdf, 46 KB]

   ...Whether or not the appellant would have in fact secured more permanent, full- time employment by virtue of having completed a paper or papers in teaching English as a second language is completely speculative, in the absence of any evidence about the job market for teachers of this type or other independent information as to how completion of the course or courses would improve the appellant’s employability. On 25 February 2014 the appellant had been given assistance to update her teache...

8. CAC 10054 v Subritzky [2012] NZREADT 20 [pdf, 122 KB]

   ...none of my business nor anyone else’s who was present. I found his conduct was very unprofessional and took offence to it. I told him to take his papers back and to leave. He refused and continued to leave. I believed he had not completed his job he was employed and paid to do and that he was now hoping I would do it for him so I threw his papers back at him and told him not to return to my property again. I would ask that you please consider the following: 1. The complainant w...

9. Human v New Zealand Law Society [2014] NZLCDT 32 [pdf, 174 KB]

   ...practitioner is at issue. [9] The appellant voluntarily stopped sole practice in November 2011 and since that time has been seeking employment in order that he might comply with the orders made against him. The appellant attached evidence of dozens of job applications made by him, in the period from late 2011 until shortly before the hearing in 2014, by which time he had obtained employment as a transcriber. [10] The appellant had taken the “Stepping Up” program which was paid...

10. Ali v CAC302 & Anor [2016] NZREADT 10 [pdf, 180 KB]

    ...Ali’s evidence was that he was unwilling to drive to where the Limisellas lived as this was a fair distance from his house to assist them to complete the agreement. We consider that completing the agreement is an essential part of an agent’s job and what the commission rewards the agent for doing. The purchaser does not have to complete the agreement nor to understand how to complete such an agreement. We consider that this conduct could have been a breach of Rule 9.9. However giv...