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1. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [pdf, 164 KB]

   ...outcome had been the NZQA assessment. Her points total had remained unchanged at 110, well below the minimum requirement of 160. 4 [20] According to the client’s email, Kitson had set an expectation of being “required” to secure a job offer from New Zealand. But from their own efforts they had discovered the complexities of obtaining an academic appointment in her occupation. She had been left with zero confidence in successfully pursuing Kitson’s recommended options....

2. Director of Proceedings v Tui Medical Ltd [2021] NZHRRT 44 [pdf, 517 KB]

   ...When a clinician went on leave, a designated team member was nominated to cover his/her patient load, including management of patient results. The policy did not state who had the responsibility to arrange the designated deputy. However, the job description for the defendant’s Clinical 20 Excessive urination at night. 8 Operations Manager stated that the role included ensuring all cover arrangements were made and any short notice changes handled in accordance with...

3. [2022] NZEmpC 107 JKL v Stirling Andersen Ltd [pdf, 272 KB]

   ...plaintiff’s name may lead to negative professional repercussions in the future. The plaintiff was particularly concerned about the drug use allegations. The Authority discounted this argument on the basis that the plaintiff currently has a good job which appears to be stable; however, it is not clear whether their current employer is aware of their dispute with their previous employer and the surrounding context. Therefore, their current employment status cannot be determinative...

4. LCRO 33/2020 AW on behalf of [Company A] v TB (30 June 2020) [pdf, 131 KB]

   ...is no indication in those exchanges of Mr AW becoming concerned that Mr TB was not providing him with competent representation.3 [66] Mr AW conceded at the hearing that he had, throughout the course of the retainer, complemented Mr TB on the job he was doing. He accepts that he had indicated to Mr TB that he wished to instruct him on other matters. [67] There is no evidence that Mr TB was responsible for a failure to comply with court-directed timeframes for filing of documents....

5. XL v FJ [2021] NZDT 1618 (22 June 2021) [pdf, 127 KB]

   ...owner who had given him a document about the rebuild which he gave to XL and his son. However, XL says that when he looked at the document FJ gave him for the rebuild and he noticed that document was only a handwritten quote, not a receipt for the job done. He says that when he asked FJ about this, FJ assured him that the rebuild had actually been done. I do not place any evidential value on the document about the [car] being rebuilt because the document is a quote (and is marked “quote...

6. [2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd [pdf, 266 KB]

   ...reinstatement, that must be provided for wherever practicable and reasonable.8 It likely will be the most significant remedy claimed because of its importance to the grievant; it is often not enough for a monetary judgment to be substituted for the job. [39] Practicability and reasonableness are two separate considerations.9 For reinstatement to be practicable, it must be capable of being carried out in action, be feasible and have the potential for the re-imposition of the employmen...

7. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...could terminate the employment agreement if vaccination did not occur. (d) Unfair and bullying treatment – Mr Taniwha alleged that in the telephone call he was treated unfairly. When he raised this, the employer said it was just doing its job. He alleges he made it clear that it was not “okay to get bullied and harassed like this”. (e) Error as to interpretation of events – It is alleged the Authority erred in its analysis of the telephone conversation and, in particular...

8. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...she had gained weight. [23] On 28 June 2012, Ms Olivia Cassin, Senior Clinical Psychologist, reported on Ms Watson’s attendance at a series of clinical psychology sessions. Ms Cassin noted that Ms Watson had decided to return to her previous job, and that she had a number of ongoing psychological and psychosocial issues that were unrelated to her injury. [24] On 6 August 2012, Dr Thomas advised that Ms Watson was doing “particularly well” and was able to work full time. Sh...

9. 27.-Evidence-of-Mr-Doug-Fairgray-Economics-and-Town-Centre-Impacts.PDF [PDF, 246 KB]

   ...indicative Project alignment crosses substantial rural areas and will impact a number of farming operations. Some farms will lose productive land, and some land may no longer be viable for current farming activities. This may in turn lead to job losses through displacement of rural sector activity. 37. That will have a negative impact on the Horowhenua economy, but one which will be very small in scale when compared to the economic benefits (including overall growth) that the...

10. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

    ...approach”, this does not necessarily mean that UI failed to exercise reasonable care and skill. It is not unusual for two professional advisers to take different approaches in their advice. Where a consumer changes service providers during a job, whether by choice or otherwise, they are likely to encounter different approaches and some amount of duplication of work. CI0301_CIV_DCDT_Order Page 5 of 8 Considerably more information would be necessary before I could reasonably co...