Search Results

1. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

   ...expect to be able to migrate successfully. [15.3] The “points” system, which was a key factor in eligibility, operated with the effect that a person with 140 or more points could expect to have their expression of interest selected without a job offer, and those with more than 100 points would succeed if they had an appropriate job offer. [15.4] After reviewing Ms Geldenhuys’ circumstances, the report said she should have: [15.4.1] 100 points without a job offer; [15.4.2] 150 p...

2. [2019] NZEmpC 54 Hong v Auckland Transport [pdf, 437 KB]

   ...no reason why that opportunity should now be lost to him. Mr Hong is entitled to loss of earnings AT accepts that Mr Hong is entitled to loss of earnings. But it argues that Mr Hong had failed to mitigate his loss because he applied for many jobs that he was not qualified for and did not apply for more suitable jobs. Applying for jobs for which he did not seem qualified does not go to a failure to mitigate. Indeed, the jobs that Mr Hong obtained after his dismissal were one...

3. [2021] NZEmpC 177 Allison v Ceres New Zealand LLC [pdf, 267 KB]

   ...dispute that work was declining as at September 2018 and looked likely to continue to decline. Mr Allison readily acknowledged that he knew work was tailing off before being informed about that by Mr McIntyre’s letter. He knew that the remaining jobs the company was working on were scheduled to end in October 2018 and that Ceres had been unsuccessful in its bid for a project on the West Coast. [28] There was no attempt to dispute that Ceres was surviving on supporting payments...

4. ZH v Ma [2025] NZIACDT 30 (6 June 2025) [pdf, 311 KB]

   ...Immigration NZ communicated directly with the client who did not always promptly send the communication to her. [36] The employment agreement, signed on 10 March 2023 prior to the video call, was arranged by Lisa. The agent was able to find jobs on a New Zealand website, including jobs with A Ltd. Ms Ma does not know whether the complainant was interviewed by her husband. [37] Ms Ma accepts she did not tell the complainant that the employer was her husband’s company, prior...

5. Richardson v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 161 (7 October 2024) [pdf, 247 KB]

   ...be: male (80.3% vs 31.1%; p< .001), have longer symptom duration (10.3 ± 13.3 vs 3.5 ± 2.5 years, P = .001), be involved in a manual labour job (49.0% vs 20.0%, P = .002), and be younger (53.1 ± 10.4 vs 58.3 ± 9.8; P = .006). Manual labour jobs were defined as repetitive tasks or jobs requiring intermittent lifting of >10 kg. 9 (c) There is a documented 2001 right wrist injury involving trauma. No imaging or treatment notes were provided. Mr Richardson was highly f...

6. [2008] NZEmpC AC 44/08 HP Industries (NZ) Ltd v Davison [pdf, 54 KB]

   ...particular employment was not genuinely redundant. It determined that his dismissal was unjustifiable because he was not treated fairly and sensitively. [3] The Authority noted that Mr Davison was not entitled to compensation for the loss of the job itself but awarded compensation for the effects of the unlawful termination in the sum of $9,000. Costs were reserved but remain unresolved. The challenge [4] HP challenges the determination. It alleges that: • Mr...

7. Juneja v Kumar [2015] NZIACDT 70 (29 May 2015) [pdf, 92 KB]

   ...which the complaint is based are: [1.1] The complainant went to Mr Kumar’s practice to get advice on applying for a work visa. [1.2] An unlicensed person generally provided the services. [1.3] Mr Kumar provided advice as to the requirements for a job offer that would meet the criteria for applying for a work visa. He provided incorrect advice, and then lodged the application with non-complying documentation, and information showing the complainant had worked outside of the conditions...

8. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

   ...was hospitalised and unable to communicate or work for some time. Mr OP continued to receive instructions from time to time from Ms LM and her attorney. [8] On 28 February 2011 Mr SJ contacted Mr OP to find out whether Ms LM had secured another job. Mr OP said he did not know. He did not know, because Ms LM had not told him before her accident whether she had accepted the offer of employment from [XX]. However, they both knew she had not resigned from her employment with the Tru...

9. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...laptop to QU Ltd for repairs. QU Ltd lost her laptop’s hard drive, and she claims compensation of $10,000.00. 2. Both parties attended the hearing. Background 3. On 12 April 2021, TE took her laptop to QU Ltd because it was failing to boot. The job card records “Data Important? No” … computer not boot into the system … update the ssd for customer”. TE denies that she told QU Ltd the data on the laptop was not important. 4. QU Ltd carried out repairs the same day an...

10. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

    ...[48] Ms BL said in her submission that her engagement commenced on 3 February 2011. The same day she sent Mr MC a checklist so he could compile the necessary documents. 6 [49] She was told at the outset by Mr MC he had a fulltime job offer as a graphic/web designer. This was the supported by: [49.1] A file note of the discussion. [49.2] What appears to be a job offer for such a position of employment. [50] Ms BL submitted a work visa application to Immigration New Zea...