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1. Auckland Standards Committee 1 v Ms A [2022] NZLCDT 51 (22 December 2022) [pdf, 255 KB]

   ...Charge 2 conduct. Ms Z believed she was being victimised. She believed she had a case to advance to the Law Society. She feared the criminal allegation: “I suddenly became a guilty party, not an acting lawyer.”13 She feared she would lose her job. [55] Although she raised the spectre of going to the news media, we find she had no practical plan to do so. Openly copying her boyfriend into her email might be read as an implied threat, even though he was not a reporter. She said h...

2. [2022] NZACC 138 — Williams v ACC (19 July 2022) [pdf, 376 KB]

   ...a surgeon specialising in hernia repairs. I have included his latest report. Yet again another expert disagreed with Michael Booth. He is very clear “The pain is caused by nerve entrapment.” … I am a builder. I absolutely loved my job doing high end renovations, but it just became impossible and by days end I was shattered with the pain. Prior to the hernia repair, although uncomfortable, at least I was able to continue building. … [31] Mr Williams also notes that...

3. [2022] NZIACDT 16 GX v Registrar (5 July 2022) [pdf, 182 KB]

   ...Zealand. He sought tax consulting services to find a pathway for tax residence confirmation from the IRD. The agreement was for the provision of professional accounting and taxation services by [Accounting company]. This was very clearly the job of a tax agent. It was completely different from immigration advisory work, as it had nothing to do with preparing or filing visas or liaising with Immigration NZ at that stage. The reason a standard immigration agency agreement was not...

4. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

   ...beliefs first and then became depressed or whether depression was present from the outset of her illness. I did not think she had PTSD, but considered her to have considerable anxiety in the context of her depression and disappointments, such as job rejections and loss of career and marriage. Overall, I think she currently has significant symptoms of psychosis and depression and diagnosis of major depressive disorder, severe with psychotic features could be given. [34] Dr Turner...

5. Johnston v Accident Compensation Corporation (Work-related gradual-process injury) [2024] NZACC 54 [pdf, 261 KB]

   ...tension- neck syndrome with static postures or loads. … A more recent study looking at occupational and non-occupational risk factors for neck and lower back pain amongst computer workers found that prolonged computer time (OR 1.92) and increased job demands (OR 1.06) were likely to increase the risk of neck pain. … There is a textbook published in 2021 which comprehensively reviews the literature regarding thoracic outlet syndrome, including functional thoracic outlet syndro...

6. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

   ...then placed onto a drying rack, ie. repetitive bending. The duration of the dishwashing was over about two hours. Michelle estimates it would have been about 100 side plates and about 30 bowls, plus cutlery, mugs, trays and ramekins. It was not a job which Michelle was accustomed to, as usually the washing task would have been completed by the dishwasher. [37] Dr McLaughlin then listed five factors that increase the likelihood of injury to a disc, ie. internal disc disruption. Appl...

7. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...three per cent pay rise may have been offset by the remuneration actually agreed on and by other benefits. Analysis [66] Section 9 does not confine itself to incentives or disincentives offered to comparable groups of employees with similar jobs. Section 9(1)(a) is about any preference in obtaining or retaining employment. Section 9(1)(b) talks about any preference in relation to terms or conditions of employment, fringe benefits or opportunities for training, promotion or tra...

8. [2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan [pdf, 265 KB]

   ...leave on 29 August 2021, and the application was declined on 2 September 2021. [8] Ms Duan then stopped work, resigning from her employment in mid- September 2021 to care for her child full-time, which she did until she started a new part-time job in February 2022.3 [9] Ms Duan filed an application with the Authority for a review of the decision to decline her application. The Authority issued its determination on 28 October 2022, 2 For ease of understanding, we refer to mid-Ap...

9. McLennan v Accident Compensation Corporation (Gradual Process Injury) [2023] NZACC 54 [pdf, 254 KB]

   ...others, is on a sudden onset of symptoms in April 2008, he had in fact been developing symptoms for some months prior to this. In this regard, he was probably his own worst enemy, as, given his nature of being hardworking and wanting to do the best job possible, he had simply continued in the employment situation, with no complaint. It was not until a more severe level of symptoms broke through, and did not settle readily, that he voiced concern. Even then, his level of concern v...

10. Cook v Department of Corrections [2023] NZHRRT 21 [pdf, 218 KB]

    ...for personal information is made, the evidence of both Ms Malifa and Ms Royds 19 SB 266. 20 Privacy Act 2020, s 102(3). 21 SB 267. 22 SB 272. 23 SB 274. 24 Privacy Act 2020, s98(1). 12 demonstrated there was confusion about whose job it was to respond to an IPP6 request. Ms Malifa says probation officers do not deal with IPP6 requests, that it is another part of the Department that does so (both receiving them and responding to them). Ms Royds also indicated that if a p...