Search Results

1. Urlich v Accident Compensation Corporation (Vocational Independence) [2024] NZACC 104 [pdf, 190 KB]

   ...Assessor, completed an Initial Occupational Assessment (IOA) of Mr Ulrich. She noted his 22-plus years’ work history across a range of sales and administrative type roles. She identified a broad range of transferrable skills and 17 potential job options. For a number of those roles, Mr Urlich was deemed fully vocationally ready. In a minority of roles, Ms Harvey identified some potential areas for upskilling. [28] On 17 February 2022, Dr David Ruttenberg, Occupational Special...

2. [2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson [pdf, 248 KB]

   ...remuneration received in the period between dismissal and my determination. In my view the answer to this question turns on what the long service payment is for – is it to compensate the employee for lost wages or is it to compensation for loss of the job? [77] The STCA identifies the intention of the long service payments as being to assist the teacher to withdraw from teaching service. This suggests it is compensation for loss of the job. In addition, the amount paid is linked to...

3. [2021] NZACC 170 - Keys v ACC (5 November 2021) [pdf, 371 KB]

   ...(light, occasionally medium work) – this involves using a C spanner to assemble stainless steel parts weighing up to approximately 10 kg and changing plates to accommodate various product sizes. Anna reports no difficulty with this aspect of her job. She reports some pain over her wrists with a pinch grip tightening small wing nuts, however by maintaining her wrist in a neutral position she has overcome this issue. [20] The report then includes three photographs of the appell...

4. AQ v Mudaliar [2015] NZIACDT 93 (16 October 2015) [pdf, 132 KB]

   ...the application. As a result, the complainant became unlawfully in New Zealand after his current visa expired. There were two reasons for Immigration New Zealand not accepting the application. First, there was no police clearance and, second, the job description lacked detail. [1.4] There was a potential answer to the failure to provide a police clearance; as the complainant was not staying in New Zealand long enough to require the police clearance. However, Mr Mudaliar did not raise th...

5. ZG Ltd v KJ Ltd [2020] NZDT 1386 (4 March 2020) [pdf, 188 KB]

   ...the payment as the “Project Engagement Payment”. Therefore, I have determined that the start of the contract was 7 March 2019. 6. I make the following comments: a. A quote is a quote. Where someone gives a quote, it does not matter if the job took 10 hours or 50 hours. In this case the quote given was within a range. It is irrelevant therefore if JIL did or did not spend 15 hours. b. Time was not of the essence. It was only estimated. Therefore, timing is not a crucial ele...

6. NC Ltd v TE & HE [2024] NZDT 597 (17 July 2024) [pdf, 175 KB]

   ...$312,766.81. Both parties agree that TE and HE have paid $314,562.23 to date. I note that NC Ltd’s final invoice/s are for materials or hire costs from external suppliers, costs that were actually incurred in the course of completing the building job. However, the overall cost analysis CI0301_CIV_DCDT_Order Page 2 of 3 conducted, indicates that TE and HE have already overpaid, if anything, based on the paperwork that was available. 8. NT surmises that the appearance of an ov...

7. [2010] NZEmpC 114 Comptroller of Customs v Smith and anor [pdf, 33 KB]

   ...a strong obligation to repay them promptly. He deposes to having more than $200,000 equity in his home which would enable him to repay money if the plaintiff was successful in its challenge. [18] Mr Smith says that his desire to return to the job is not simply in order to be paid. He says he enjoys the collegiality of working in this job. He believes that it may be difficult to re-establish working relationships if he is kept out of the job for another extended period....

8. DW v VD [2016] NZDT 914 (11 May 2016) [pdf, 154 KB]

   ...in teak h) Has had the MP1 6.2 litre engine UPGRADE FITTED APPROX 2002 and Bravo mercruiser stern leg, way more power and a lot better fuel economy [7] The best evidence before me that items were misrepresented or not is taken from ZZ’s Job Sheet dated 31.03.2011 and YY’s invoice of 3 December 2010, because the work occurred in close proximity to the purchase date. The Job Sheet clearly covers a multitude of items, but DW’s claim of misrepresentation means he has to confine...

9. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...hearing that many of the photographs and descriptions of defects in TC’s report were on parts of the roof outside the scope of work contracted for and carried out by U Ltd. 10. Significantly, although there had been water ingress issues during the job while the house was not fully protected during a storm, TC confirmed that there were no leaking or weather-tightness issues when he inspected the roof after completion of the job. 11. The remedial issues relating to U Ltd’s work t...

10. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

    ...he stayed with TH he removed her existing kitchen and installed a used, but more modern kitchen cabinetry, that he purchased off Trade Me. 11. TH said that she directly paid for appliances for the renovated kitchen and she helped KX on an EQC job he had and he said he would spend what she earned on that job towards the kitchen. She said the job was done for little cost through contacts KX had in the building industry using ‘mates rates’ or not charging at all. 12. There is...