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1. NH & RL v A Ltd [2024] NZDT 873 (15 November 2024) [pdf, 174 KB]

   ...to by the applicants, would easily outweigh the $1,200.00 they had been paid for that variation. (j) After the ASP came to an end on or about 31 August 2024, A Ltd made the decision to go back to the laminate bench top instead of completing the job with the stone bench top as per the variation. This decision was made because: (i) In their view the colour of the stone benchtop chosen by the applicants was one that was very individual to their choice and would not be liked by other...

2. [2025] NZEmpC 64 Sharma v Rodney Farm 'N' Machinery Ltd [pdf, 216 KB]

   ...employing two employees. [9] At all material times, Mr Sharma lived next door to the premises of Rodney Farm. During 2020 and early 2021, he would visit Rodney Farm and talk to the staff as they worked. At some point, he was offered and accepted a job as a truck driver/service man working for Rodney Farm. At that time Rodney Farm understood from Mr Sharma that he had a Class 4 heavy vehicles licence as required for the role. As it transpired, he did not, and he also had very l...

3. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 3 (10 January 2025) [pdf, 624 KB]

   ...failed to note the correspondence or check what Mr S planned to do; and he failed to follow up in a timely or sufficient manner. The general words of the Deed cannot shield Mr McCardle from responsibility for his fundamental failure to do his job as trustee. [30] Mr Moon submits that Mr McCardle’s conduct constituted a deliberate or reckless disregard of acceptable standards. Alternatively, he asserts negligence so lacking in care and diligence as to be misconduct. We are not p...

4. Estate of N Kearney v Accident Compensation Corporation [2024] NZACC 162 (14 October 2024) [pdf, 229 KB]

   ...Dr Pohl made a home visit on the evening of 10 January 2023 at the request of Mrs Tebbs Kearney. He recorded the visit in his consultation notes. In summary, Dr Pohl noted that Mrs Tebbs Kearney had acknowledged that Waimarie had made a good job looking after Mr Kearney’s pressure sores. However, she was concerned that Mr Kearney was not as well as when he went into hospital. Mr Kearney had 4 rapid breathing and a rapid heartbeat. His temperature was normal. He did not...

5. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...to make it lawful. (c) To the extent that the $41,942.44 includes money spent on himself, IE could only recover this from X Ltd as a consequential loss if he could show that the 2017 Instrument would have been effective had X Ltd done its job properly. To prove this, he would need to show that his father would have agreed to the right it contained to spend his money had he been properly consulted about it in accordance with the law. This is speculative, and I am unable to ass...

6. 2025 NZPSPLA 051.pdf [pdf, 158 KB]

   ...against whom earlier complaints were made advised the Licensing Authority that the only training they received was a walk-through of the Panda Mart premises primarily pointing out health and safety issues together with basic information about what their job entailed. They did not consider their training to be adequate and said they were not told they could not work until they received their Security IDs, that their IDs were required to be worn in a visible place while working, or that the...

7. Consultation on a new Adjudication Act for New Zealand [pdf, 1.1 MB]

   ...that their issue led to liquidations or staff lay-offs. Slow resolution of such a large number of civil disputes creates a drag on New Zealand’s economic productivity by tying up resources that might otherwise be used for growth, innovation, or job creation. 14 While businesses can already use private ad udicators without legislation, the main benefit of a legislated process for adjudica i n is that it gives people confidence that their dispute will be resol ed in a timely way, using...

8. [2025] NZACC 064 - Agar v Accident Compensation Corporation (23 April 2025) [pdf, 180 KB]

   ...29 June 2018, the Corporation contacted Ms Agar to discuss the certificate. The Corporation noted from that conversation that: She said she worked full time at DOA and is now finding it hard to deal with full time work and the pressures of the job. She is currently working part time. I confirmed she wishes to claim loss of wages as well as the assessment indicated on the acc18. [21] On 9 July 2018, Ms Agar followed her query up with an email asking whether the Corporation needed...

9. National Standards Committee 2 v Mulligan [2025] NZLCDT 32 (1 July 2025) [pdf, 151 KB]

   ...Mulligan [2025] NZLCDT 18. 10 Penalty submissions on behalf of Standards Committee, at [4.3]. 6 [19] While we hesitate to create a hierarchy of victims, we do accept that Mr Q’s victims had more life experience to call upon and their jobs were not at risk, in the sense that the summer clerks here perceived. In other words, and seen as important in earlier cases, the power imbalance between Mr Mulligan and those affected by his actions was greater, than in the Q matter....

10. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

    ...of normally performed work comprises tasks which the redeployed employee regularly or routinely performs in the course of employment. This will require an analysis of workplace practice on a day to day basis rather than simply by reference to job descriptions or provisions in employment agreements. [70] At paragraph [31] of Finau the Court elaborated on the “type of work” approach to the interpretation of s97, noting: This construction is based on the concept of what may pro...