Search Results

1. Byrnes v ACC [2014] NZACA 16 [pdf, 41 KB]

   ...construction site, but instead undertook lighter duties for the same employer at one of their yards. The fairest measure of his earnings following that period of employment must be the earnings during that period, not what he had earned in his old job more than a year before. 6 [27] Mr Schmidt accepted that he could maintain this argument only if section 53(9) was applicable. He submitted there was a new incapacity in August/ September 1986, in terms of that subsection. [...

2. BO v XTT [2012] NZIACDT 31 (28 June 2012) [pdf, 92 KB]

   ...raised the following issues: 4 [18.1] The consultation on 31 August 2010 took some 55 minutes, not 5 minutes. In that consultation Mr XTT explained what was required to vary Mr BO’s permit, in particular a new employment agreement, job description, and a completed Employer Supplementary Form from the new employer. Mr XTT gave the form to Mr BO to take to his new employer, and explained he needed to get the variation before commencing employment. [18.2] During the in...

3. Whiles-Clarry v Standing [2011] NZIACDT 25 (8 August 2011) [pdf, 92 KB]

   ...paid by the Complainants should be repaid. The work undertaken was not competent, and in fact caused serious harm through negligent advice. That harm included seeking employment in an unnecessarily narrow category. To the extent the fees related to job search services, they were an unnecessary expense, and a loss caused by the negligent advice. The evidence before the Tribunal establishes those fees are $6,523.67. [35] There will be no compensation for the fee of $700 payable to Immigrati...

4. BG v TC LCRO 199/2013 (22 January 2015) [pdf, 46 KB]

   ...allegations made by Mr BG are completely denied”. 7 [12] Mr BG commented at various times about the delays in progressing his review application. Initially he was serving a prison term that he considers he could have avoided if Mr TC had done his job properly. By the time of the review hearing Mr BG had completed his term of imprisonment and been released. which were forwarded to Mr TC, but on which he did not comment. Mr BG also provided further submissions dated 20 Nove...

5. BB v HD [2013] NZIACDT 9 (28 February 2013) [pdf, 118 KB]

   ...language). [29] Ms HD said in her 27 June 2011 letter: “... I have become used to a large portion of the Sri Lankans’ being in the habit of gossiping and complaining about facts not always true. You can provide 100% perfect service, find them a job and tomorrow they will complain how terrible your service was – it is part of their culture it seems. I am very disappointed in the result from this application as it has wasted a lot of my time and hope this matter can be seen in th...

6. JB v RW LCRO 87 / 2011 (1 February 2012) [pdf, 92 KB]

   ...remains dissatisfied with many issues, in particular methods adopted in the processing of both the estate and the Trust, these were not matters that involve any professional failings on the part of the Practitioner who clearly had an unenviable job carrying out his professional responsibilities. The Practitioner and the Applicant were in agreement that the difficulties in the smooth facilitation of agreements lay with S. Because difficulties were ultimately caused by a third person...

7. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...January 2012. The documents identified the adviser 3 as the licensed immigration adviser but it appears that the documents may have been prepared by unlicensed employees. [6.6] The expression of interest claimed 110 points, with no job offer. Accordingly, the expression of interest had no realistic chance of selection from the pool. [6.7] The adviser took over the instructions from the unlicensed employees; they left his practice after lodging the expression of interest....

8. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...complainant and her husband sought related to immigration. [2.3] The complainant and her husband understood they were dealing with Mr Fernyhough’s practice, but an unlicensed person working in the same building provided the services (immigration and job search). [2.4] In fact, the person they were dealing with was Mr Fernyhough’s former wife and she operated her own business alongside his. She undertook immigration work, though that was not lawful. She took fees of $15,000, which s...

9. Dr McGregor's speech at the 2016 Victims Conference [pdf, 619 KB]

   ...that victims, understandably, do not want to be re-traumatised by a hostile, adversarial, judicial system. Investigation, prosecution and incarceration functions all recognise that victims are important to the success of the justice process, but the job of navigating, negotiating and translating between these functions is largely left to the victims themselves. Throughout the often 2 or more year process, some victims receive help from part-time volunteer support agencies. A lucky few...

10. [2017] NZEmpC 26 Tulloch v Hays Specialist Recruitment Australia Pty Ltd [pdf, 96 KB]

    ...have relevant experience for the assignment about which he had made enquiries. There was a discussion as to whether further roles might be available. It was also his evidence that according to Hays’ records, the company had not received any job applications from Mr Tulloch since his temporary assignment with the third party had ended, and nor had he met with a Hays’ representative to discuss his skills and experience. Mr Tulloch did not dispute this account in his supporting...