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1. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

   ...variation order with the same contract number as the rest of the work). 5. During the course of the project, disputes arose over the quality of the work being done and also over the amounts being invoiced. The dispute led to an early finish of the job with some of the agreed work only partially completed. The parties agree that TX has paid a total of $143,521.44 to TO to date. CI0301_CIV_DCDT_Order Page 2 of 8 6. TO claims unpaid invoices of $18,306.22. The balance of TO’s...

2. [2024] NZIACDT 25 - EM v Ma (25 October 2024) [pdf, 244 KB]

   ...the site and meet the employer. She did not inform him he needed to seek employment himself, but answered his question about how to find a job and wrote a template he could use to answer online advertisements. She did her best to find indoor jobs for him that would not be affected by the rain. [24] Ms Ma said communications with the complainant were partly indirect, as M, the agent, was between them. She did not keep a full record of the WeChat history, as the device cleared t...

3. N Ltd v D Ltd [2024] NZDT 191 (12 March) [pdf, 218 KB]

   ...contract by N Ltd, it just meant that D Ltd was not obliged to pay the Stage 2 invoice until after the requirements of Stage 2 were met. In the meantime, the dispute arose because N Ltd did not carry out all the work that was required to get the job to that point. What proportion of Stage 2 had N Ltd completed when the contract was cancelled and was N Ltd’s completed work carried out to an acceptable standard? 11. The parties’ positions, about what further work was required t...

4. ADV Ltd v ZWF Ltd Trading as ZWE & ZWD [2013] NZDT 228 (18 June 2013) [pdf, 64 KB]

   ...trips to and from the mine site and the hourly rates of the staff involved with ADV Ltd. I am satisfied with its explanations and reasons for charging those matters. In particular, I accept the argument that if these men were not working on this job, they would have been working elsewhere and been charged at their usual rate. I also accept that it is reasonable for staff to be paid a higher rate for working in the mine, given the additional risk involved in working in that environme...

5. [2020] NZEmpC 22 Carruthers v Brommel Roofing Ltd [pdf, 132 KB]

   ...orders. [7] For first-time appearances, the authorities would tend to suggest that fines in the region of $10,000 could be imposed. I was referred to the decision of the Court of Appeal in Peter Reynolds Mechanical Ltd, (T/A The Italian Job Service Centre) v Labour Inspector.2 That was an appeal to the Court of Appeal against a decision of the Employment Court,3 in which the fine that had been imposed by the Employment Court was reduced substantially.4 Mr Bell representi...

6. CE v FG Ltd [2023] NZDT 333 (13 July 2023) [pdf, 100 KB]

   ...caused the flooring to sink in a way that was clearly visible. CE thought that the movement in the floor was about 5mm. 11. CE said that the products used were fine, the problem was with the installation. He said the first FG Ltd staff on the job had only been doing the job for a couple of weeks. 12. CE did concede by the 12th of August he was happy with the work in the kitchen and the problem was the foyer entrance. 13. BG said that he had over 20 years in the flooring business...

7. WI & ZI v G Ltd [2024] NZDT 702 (21 August 2024) [pdf, 100 KB]

   ...and carried it out according to consented plans. TY, as a witness at the hearing, stated that most of the drain-laying work had already been carried out when he was called in to assist. He says he was told that the previous drain-layer had left the job and that all the under-slab work (that he was not able to inspect by that point) had been carried out by the LBP plumber, so he had his team carry out some remedial work on the parts of the job they could see, and then signed it off to hel...

8. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

   ...cancelled. This is for the following reasons: a. T Ltd had not performed the carpet laying services in the contract. It had however utilised resource making four visits to the client site as follows: i. Visit 1 on 27 October 2023 to assess the job and provide a quote. I do not find that is reasonable for T Ltd to be compensated for this visit as it would have incurred this cost regardless of whether the parties entered into the contract or not. Nor was there any agreement entered i...

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10. [2013] NZEmpC 190 Belsham v Ports of Auckland Ltd [pdf, 165 KB]

    ...and Ms Flynn, who corroborated each other in their evidence, were certain that Mr Belsham at this meeting did not raise any issue relating to health and safety. Ms Flynn confirmed that Mr Belsham twice refused to man the crane saying the ship job was his. [10] Mr Belsham did not man the straddle crane on the first shift that day. After the meeting with Mr Kitching, he went to the mess room to await the arrival of Michael Kirwan, POAL’s Senior Shift Manager, Stevedoring. Ther...