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1. LCRO 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...Standards Committees must also include a lay member. This format allows for a range of views – legal and non-legal – to be considered. The process is flexible and robust. [151] I think it probable that the Committee member tasked with the job of reviewing the files, would have been a practitioner experienced in the area of family law. [152] It is the experience of this Office in considering the raft of fee complaints that come before it by way of review, that it is common prac...

2. [2021] NZACC 181 – Tonga v ACC (8 November 2021) [pdf, 308 KB]

   ...it will be inappropriate to give the medical assessor’s opinion, simply by virtue of the fact that it is an opinion of the medical assessor, any pre-eminent position. In assessing the medical evidence, the reviewer and the District Court’s job would be to apply additional approach to an analysis of the competing expert evidence. For example, how do the medical practitioner’s particular qualification and experience relate to the claimant’s disability? What is the quality of...

3. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...mobile phone and his office number. [30] In his email, X stated that the family had gone through a lot of emotional turmoil and cost to prepare all the documents. They had invested more than $1M in New Zealand. Mr McCarthy had taken on the job of advising them on what was an important step in their lives. They were very worried he was not delivering. They had been advised of the possibility of making a complaint to the Authority. Mr McCarthy was asked to advise by the followi...

4. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...the spot. Mr Rankin was told he would not receive any commission, which he did not in any event want. A meeting with Mr Christensen followed. Mr Christensen told him not to go to the office and then told him 48 hours later, he did not have a job. [60] According to Mr Rankin, he did not get much help from the company’s management, apart from Mr Slater. [61] This episode has resulted in his personal and family life crumbling under the pressure of it all. He was put on medi...

5. [2022] NZREADT 16 - CAC 2102 v He & An (15 August 2022) [pdf, 172 KB]

   ...With regard to the discussions during the hearing as to the distinction between a listing agent and a selling agent, Mr Perry referred to Mr House’s evidence that a listing agent can be so involved in what would typically be the selling agent’s job so as to effectively become the selling agent. He submits that even if Mr House’s evidence is accepted, this did not reflect the parties’ subjective understanding at the material time. 13 Mr Perry submits that the evidence o...

6. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...terminated, but that the manner of implementation of the decision was procedurally unfair, then the remedy had to be directed to that particular wrong. In such an instance there would be no power under the statute to make an award for loss of a job.18 [92] While the distinction may be arguable, it is not one which assists in the present case because my findings with regard to the strength of the dismissal case involve both substantive and procedural problems. [93] Mr Erickson inv...

7. LCRO 153/2022 YA v CK (16 July 2024) [pdf, 234 KB]

   ...Committee. 18 Fees [114] Ms YA instructed Mr CK at the beginning of March 2019. Mr CK rendered his account for $4,636 plus GST and disbursements (total $5,417.65) on 16 July 2019. On 24 July, Ms YA advised Mr CK that she was starting a new job soon and would begin payments from then. [115] It would seem that she changed her mind about paying Mr CK’s invoice after realising that the advice received had been deficient and that she should not have to pay for that. [116] Ms...

8. [2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd [pdf, 311 KB]

   ...and injury to his feelings.14 While his distress is not as significant as often seen in cases before the Court, he gives evidence of being distracted by the actions of Tasman Cargo and I accept he would have been humiliated at having lost his job, particularly in the circumstances of a summary dismissal that may lead to the end of his aviation career. [98] The parties refer to the banding approach the Court has used to assessing non- pecuniary loss.15 Mr Appleton submits these f...

9. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...598 (Member English). Background [2] Ms Robinson was employed by Pact Group and its predecessor company as a community support worker. Her role involved supporting clients to live as independently as possible within the community. The job was varied, as were the needs of each of the clients Ms Robinson worked with. Ms Robinson was evidently well regarded, and received positive performance reviews over the years. No issues had been raised in respect of any aspect of her...

10. Soulsby v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 31 [pdf, 301 KB]

    ...incapacitated at the time of imprisonment. I am not sure of the implications around this in terms of weekly compensation. However, this is purely just stating things from an occupational medicine perspective given his right shoulder injury and his job requirements. I note the findings of the court case with Judge McGuire accepting incapacity by way of extension. The legal issue here is not something that I am familiar with and is outside of my scope to comment. What I can say now is tha...