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1. [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [pdf, 225 KB]

   ...Supply Chain Manager would then have a direct report to the CEO. This option was the preference of Mr Mander but in his evidence he said he had not at that point made up his mind. [11] On 25 October 2017 Mr Mander was coincidentally sent a draft job advertisement by Mr Lowyim for a Supply Chain Manager position, the same day as the Board meeting. Mr Mander indicated to Mr Lowyim on 27 October that he was happy with this advertisement, but that Tru-Test should remain anonymous when...

2. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

   ...2013 DA delivered her motorcycle to WZW Limited’s premises as WZ, the director, had done previous repair work for her and there was a problem with the bike. WZ initially told DA that the problem was with the starter motor and it would be a quick job. She says WZ told her that it was something else and after four months she attempted to speed progress on the repair by giving him a deadline. [2] At one point WZ told her a particular part needed repair - she took the part away to...

3. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

   ...her. The account was in her own name. [34] Ms Wilde did not have much in the way of dealings with her company’s customers who wanted carpet or flooring. Mr Claxton worked out the costings and quotes for the work, attended to measuring the jobs and arranged for installation. He also assisted Can Do Flooring with invoicing and answering customer queries. [35] Mr Claxton was paid for his services. The arrangement was that he would share the profits evenly with Ms Wilde. What...

4. [2011] NZEmpC 1 Gyenge v Clifford Lamar Limited [pdf, 221 KB]

   ...Clifford Harris, Agent for Defendant Judgment: 10 January 2011 JUDGMENT OF JUDGE A D FORD Background [1] The plaintiff, Ms Emma Gyenge began working in the defendant‟s hair salon in Tauranga in December 2006. It was her first job out from college. On 5 January 2009 she handed in her written resignation, finishing work on 31 January 2009. The following month Ms Gyenge received an invoice from the defendant dated 26 February 2009 in the sum of $5069.24 for reimburs...

5. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...remuneration. In Sam’s Fukuyama case, the Court of Appeal confirmed that the Court has the same discretion as the Authority under s 128 of the Act. [20] The Authority accepted that Ms Gini was earning $780 per week gross at the time she lost her job and it also accepted that she had made reasonable attempts to mitigate her loss by looking for alternative employment. It went on to say: [36] In all the circumstances of this case, I consider that Ms Gini is entitled to three mon...

6. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

   ...particularly in the early stages, and extended a considerable amount of support to him, including financial support. Mr Robinson tended to downplay his employer’s actions during the course of his evidence. [13] Mr Wilton told Mr Robinson that his job would always be there for him. As Mr Wilkin pointed out, the comment was made shortly after the incident and before the extent of Mr Robinson’s injuries, and duration of his incapacity, was known. [14] It is clear that Mr Wilto...

7. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...dismissal he had been employed by Amcor for approximately 22 years. He was a senior tradesperson in charge of a 16S printer which he operated with a printers’ assistant. [5] The 16S printer is a large machine used for significant printing jobs, running anything from one to five jobs per shift. When in production the printer operates very quickly, at speeds of about 240 metres per minute, or approximately 14.4 kilometres per hour. Mr Gillan’s main tasks on the printer we...

8. [2021] NZEmpC 137 Coetzee v Oamaru Meats Ltd [pdf, 280 KB]

   ...restructuring was a proposal and his response to it was regarded as critical. He was informed that nothing would change until all the feedback had been considered. [10] Mr Coetzee’s initial response to the proposal was that it did not apply to his job or to him. He claimed to have moved on from the position of maintenance electrician, dealt with in the proposal, and to have taken up the role of maintenance manager. In this response, he asserted that the effect of Mr Thorp’s...

9. [2024] NZIACDT 15 – YT v CX (14 May 2024) [pdf, 290 KB]

   ...procedure, though the complainant was advised of its existence. 3. The total service fee was RMB 100,000. It was agreed between the complainant and Mr L. Only the second instalment of RMB 80,000 was paid. 4. The complainant used their ongoing job support service many times during his four months in New Zealand. 3 The Tribunal observes that many of the messages are duplicated, often more than once. 5 5. Ms K’s work was clerical only. She collected and sorted i...

10. [2007] NZEmpC AC 55/07 Kiwikiwi v Maori Television Service [pdf, 48 KB]

    ...discussion about the nature of the engagement. Mr Shazell did not turn his mind to anything other than the hourly rate whereas Mr Kiwikiwi perceived himself being taken on as a permanent part timer on a month’s trial with the prospect of a full time job at the end of it if he was suitable. [16] Mr Shazell has no memory of the discussions about the 1 month trial period. On this point, I prefer the evidence of Ms Doughty and Mr Kiwikiwi. This was an issue that was important to M...