Search Results

1. [2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [pdf, 126 KB]

   ...to her. [28] Mr Weston replied on Monday 28 January reiterating that a weak demand for the company’s goods had led to the termination of her employment, and advised that: The ending of your employment had nothing whatsoever to do with your job performance simply that we no longer had the factory work to justify your position. … As far as the other assertions you have made in this most recent letter and your previous emails to me and other micron staff, all I can say is t...

2. Kumandan v REAA & Paul [2012] NZREADT 15 [pdf, 206 KB]

   ...Committee to proof. He claims that it was not him that forged the documents and that he felt that the only explanation was that Ms Whitney was trying to frame him because she was facing administrative difficulties and was under pressure to perform her job at Harcourts. Under cross examination Mr Hodge put to Mr Kumandan a letter written by Mr Ram (an owner of the property) to their financiers. This said that mortgagee sale proceedings in respect of Great North Road could now be halted...

3. [2015] NZEmpC 71 Knapp v Locktite Aluminium Specialities Ltd [pdf, 174 KB]

   ...October 2012; and there was no provision in his employment agreement for redundancy compensation. It seems that Mr 4 At [40]. Knapp decided that he would rather take his chances on the job market than have at least 25 hours work each week while he considered his options. [19] The employment agreement allowed for flexibility in relation to work hours. The employer sought to discuss concerns relating to its operating posit...

4. SD v AE & BE LCRO 229/2013 (21 August 2014) [pdf, 67 KB]

   ...suggest that the quality of her legal representation materially affected the financial outcome. [65] Little criticism is made by Mrs SD of the E’s management of her file prior to the settlement conference. She conceded that Mr BE had made a good job of preparing submissions for the conference. [66] Mrs SD’s argument that she would have received better outcome if the proceedings had progressed to a full hearing is purely speculative, and fails to acknowledge that she may hav...

5. McGeorge v Standing [2012] NZIACDT 48 (30 August 2012) [pdf, 124 KB]

   ...services agreement provides that the adviser, Mr Standing, will assess Mr McGeorge’s circumstances with reference to immigration requirements, but also provides that employment services will be provided, such as “supporting you through the entire job search and application process”. [17] Mr McGeorge was induced to enter into the agreements, in part, by a course of email communication, in which Mr Standing had, in a helpful and responsive manner, addressed various questions. [18...

6. NE v RL LCRO 88/2013 (27 February 2015) [pdf, 82 KB]

   ...the outcome, and applied for a review. of the Act. Review application [15] In his review application, Mr NE says the Committee did not properly consider the consequences of Ms RL’s lack of attention to detail. He says her failure to do her job properly added significantly to his costs, and he maintains his complaint about her lack of competence. He says that her conduct was not to an acceptable standard and resists paying for Ms RL’s incompetence. He asks that all of his f...

7. CM v RG LCRO 131/2012 (7 September 2015) [pdf, 67 KB]

   ...hierarchy of the duties owed by counsel in litigation. Duties to the court override duties to clients. Mr CM’s complaint is necessarily coloured by the fact that Mr RG was representing the opposing party in litigation. It was not Mr RG’s job to assist Mr CM’s case; doing so would have put him at risk of 6 criticism by Company A. Company A was in the position of having to prove a negative, to succeed in retaining the payment the liquidators sought to claw back. Mr CM...

8. Heng v Yap [2014] NZIACDT 65 (28 May 2014) [pdf, 175 KB]

   ...situation gave the clear impression (in an email of 2 May 2012), that even with minimal points the complainant was well-placed. He said: [23.1] for those with 145 points or over, selection was automatic; [23.2] second choice were persons with a job offer in New Zealand; and [23.3] third were persons with points between 100 and 140 where selection is random. [24] This information was wrong, and egregiously so, as it gave the clear impression that it made no difference whether the compl...

9. Auckland Standards Committee 1 v Deliu [2016] NZLCDT 25 [pdf, 72 KB]

   ...process’, or unlawful procedures. [58] Nothing advanced under this head meets that description. The practitioner weaves a distrustful, suspicious, almost paranoid thread through the actions of people who, on inspection, are just doing their job. Messrs Laubscher, Shaw, Moore QC (as he was), Hesketh and Godinet all come in for unwarranted criticism. 17 Evidence Act 2006 s 67. 18 Deliu v Auckland Standards Committee (Coun...

10. OL v RY LCRO 261/14 (16 March 2016) [pdf, 185 KB]

    ...comprehensive and detailed submissions by a lawyer, may 13 Above n 11 at [14]. 14 Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008. 7 make the job of the Standards Committee easier but if a complainant does not engage the services of a lawyer to lodge and pursue the complaint, the Standards Committee is required to inquire into and investigate the complaint with the same degree o...