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1. Godfrey v Harvey [2019] NZHRRT 6 [pdf, 434 KB]

   ...awarded for emotional harm, the Tribunal noted that the manner in which officers of the defendant company went about terminating the plaintiff’s employment maximised the shock, dismay, hurt and humiliation he experienced. The plaintiff lost his job and was stigmatised before his colleagues as deceptive, selfish and indifferent to their safety. 13 Following his dismissal, he was unable to find commensurate work and was reduced to living in a motor home for two months while seek...

2. [2020] NZREADT 33 - Wheeler v Real Estate Agents Authority (10 August 2020) [pdf, 306 KB]

   ...they need to obtain independent legal advice [9] the point is that an agent should make sure before a positive representation is made that they have at least taken some precautions to check the veracity of the representation…The agent’s job is to ensure that the purchaser is not misled. [25] While Donkin was a decision concerning a positive representation that proved not to be correct, it does provide guidance as to how a licensee should proceed in a case where he/she withh...

3. LCRO 79/2019 PS v NR (28 May 2020) [pdf, 193 KB]

   ...“forwarded” those emails to Mr UM. He told Ms PS he would no longer pass on her emails about the boys’ care to Mr UM, and she “must deal” with Mr UM “direct”. Ms PS sent an email to Mr UM on 22 December 2017 about B’s holiday job, and his care and wellbeing. [8] During February 2018, the Court appointed a barrister, Ms TK, to assist in the proceedings. [9] On 12 June 2018 the Court granted Mr UM’s application for a permanent protection order, and ordered Ms PS...

4. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...work history. She sought to resolve her issues in the workplace by using the policy and procedure put in place by [Spotless] with no relief. She was left feeling isolated throughout this process and believing it was [not] safe to return to her job until this was sorted. The absence of information directly contributed to her inability to resolve matters before her termination and the ongoing emotional turmoil that accompanies unresolved conflict. In these circumstances [Ms Mack...

5. Stenhouse v The Real Estate Agents Authority (CAC 403) and Mackay [2018] NZREADT 55 [pdf, 292 KB]

   ...commercial cleaners for the day of settlement (4 hours) which did not include carpet cleaning that had occurred beforehand. The purchasers had arranged their own cleaners (2 cleaners) for a further 4 hours. Whilst the Vendors cleaners did a good job there were areas that required cleaning, The Vendor was still removing items up to two weeks after settlement and gave up trying to catch a rooster. (b) Arrangements for the pre-settlement inspection [51] We note that the purch...

6. [2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust [pdf, 294 KB]

   ...[37] CultureSafe’s clients are entitled to expect CultureSafe to behave responsibly and in their best interests. That did not happen here. [38] A repeated theme of Ms Simpson’s evidence, also picked up by Mr Halse, was that it was not their job to pursue payment for Ms Makea-Ruawhare. [39] Ms Simpson stayed in contact with Ms Makea-Ruawhare, and provided her with some support, but did not ensure the general practitioner knew who to contact at Turuki about his invoice and did...

7. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd [pdf, 374 KB]

   ...information and placed restraints on him once his employment ended. Under that agreement he indemnified the company for all costs and expenses incurred following any breach of it by him. [6] Mr Pitman resigned on 7 September 2016 to take up a job with A Temp, a company entering into the recruitment business as Advanced Personnel’s competitor. Before resigning he took steps to assist A Temp to gain a springboard advantage in establishing its business. That assistance included...

8. LCRO 39/2019 Yuri Lukas v BW and CV (29 November 2019) [pdf, 151 KB]

   ...to the assertion that Mr BW was unaware of his illegal status in New Zealand (which was not accepted by the Committee) to support a general dismissal of all statements made by them. [47] Mr Lukas considers that “[City] SC [X] did a very poor job to investigate the materials provided”. [48] He then outlines the process he used (and now uses) when instructed by clients:28 [49] Mr Lukas says:29 I understand that [City] SC [X] only checked terms of engagement from one of my i...

9. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [pdf, 418 KB]

   ...wages which was to be completed by the company. [11] In its claims, the union proposed to delete cl 3 and to replace it with a clause providing for minimum ordinary rates of pay. The claim included a table with stated pay rates for specified jobs and automatic pay increases after periods of continuous employment. For example, the union proposed that a supervisor would start on $18 per hour, move to $19 per hour after six months continuous service, and $19.50 per hour after 12 mo...

10. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

    ...evidence to support suggestion that Ms ZD knew that she would be leaving the employ of [law firm] at the time she took instructions from Mr WN. [36] Mr WN argued that a lawyer had an obligation, once they had taken instructions, to finish the job. [37] I appreciate that it can be disconcerting and unsettling for clients when the lawyer they have been dealing with can no longer continue to represent them, but inevitably there will be occasions when a lawyer will leave their place of...