Search Results

1. KI v KW [2019] NZDT 1414 (13 May 2019) [pdf, 106 KB]

   ...$6,109.38, being $3,887.00 for the installation of A1, A2, and A3 and $2,222.38 for the drilling of A2a. 5. KW filed a counterclaim for $9,770.48, being the cost of labour and materials lost on A2a ($904.90) plus 10 days loss of progress on the job ($5,520.00), plus the extra cost of having the work done by another contractor ($3,345.58). 6. The issues to be resolved are: (a) Was the work done by KI on A1-A3 completed with reasonable skill and care? (b) If not, did this en...

2. SS v SH [2022] NZDT 230 (29 November 2022) [pdf, 113 KB]

   ...to install it. He had, she said, quoted her $3,500.00 for the work, which included the alteration of a window. She considered his final invoice to be unreasonable, and not reflective of what had been agreed. [3] SS said that she had regarded the job as a fixed price one, and had observed that SH was taking longer than she had expected to do the work. She accepted that an additional 15.5 hours of work was due from her, which included demolition of her existing kitchen, replacement of som...

3. F Ltd v O Ltd [2023] NZDT 374 (28 July 2023) [pdf, 117 KB]

   ...on the evening of 22 April 2022. While there was no agreement as to price, I consider it implicit in that agreement that BQ, doing this work as a friend, would not be ‘out of pocket’, that is, would be paid for the materials he obtained for the job. If there was an agreement, was the agreed work carried out? 12. The parties’ evidence is again in conflict. BQ said he prepared the extension cord (with the materials he had purchased) as agreed, and also fixed some light fittings f...

4. U Ltd v NG [2024] NZDT 492 (1 July 2024) [pdf, 198 KB]

   ...receiving confirmation of a booking that they have solicited, if they did not want that booking, is to contact the other party to advise them of that. By not doing that NG had permitted U Ltd to rely on his silence and allocate its resource to his job. While NG may not have read that email/not read it properly, U Ltd could reasonably have assumed that he had done so. c. I find that the terms were sufficiently certain. This is for the following reasons: i. I have considered the ambi...

5. Curgenven v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 26 [pdf, 286 KB]

   ...The Corporation based her compensation on an Earnings Certificate dated 15 July 1994 associated with Ms Curgenven’s work for a café called “A Taste of Kapiti”, owned by her father. Ms Curgenven had been working 25 hours per week in this job. [6] Between 1994 and 10 January 1996, weekly compensation was paid. It then ceased, as Ms Curgenven returned to study and later undertook further work. [7] On 29 May 2009, the Corporation issued a decision declining an application for...

6. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...which is material to a decision to employ a prospective employee. The use of the term ‘everything’ makes it reasonable to interpret “qualifications and experience” broader. A broader interpretation of “experience” should extend to how a job applicant’s employment ended with a previous employer. For this reason, [the company’s] interpretation of clause 16 is correct, and it was able to rely on it when it started its disciplinary process against Mr Ford. [19] The approa...

7. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...simply refer to “the employer” as comprising both entities. Background and outline [6] Mr Kostic is about 60 years of age. He was born in Yugoslavia and emigrated to New Zealand more than 30 years ago. After working at a variety of jobs, he became a car salesman. For the last 20 years or so, he has worked successfully in that role for several employers. [7] Mr Dodd and Mr Milligan also have extensive experience in the retail motor vehicle industry. For many y...

8. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...[13] Finally, cl 32 deals with suspensions and dismissals. It relevantly states: It is agreed that the primary response to misconduct should be to alter behaviour and support rehabilitation rather than imposing financial and social costs of job loss and incurring the costs of hiring, training and replacement. Therefore suspension of up to six months shall be the preferred disciplinary option to dismissal. [14] Those provisions all require detailed consideration in this case....

9. [2021] NZACC 130 - Dunnage v ACC (6 August 2021) [pdf, 465 KB]

   ...acromion is probably related to age and to the work Mr Black had done over the past 40 years. That he was stiff through his thoracic spine, he had protracted shoulders and scapular which doesn’t help the impingement. [9] Mr Black had done physical jobs all of his life. He had worked on the family farm from 1966 until 1980 where he did general farm work. From 1980 to 1984 he worked on a farm in Dipton where he described his work as general farm hand. From 1985 until 2004 he wo...

10. [2013] NZEmpC 71 Gilbert v Transfield Services (New Zealand) Ltd [pdf, 362 KB]

    ...following background. Now aged 59 years, Mr Gilbert has worked in electronic communications literally since leaving school. Taking account of the changes in the nature and ownership of the business, this was realistically in the same developing job for almost 40 years. He began work for the New Zealand Post Office in 1970 as a trainee telecommunications Inside Plant Technician. Commensurate with the changes in technology over this period, Mr Gilbert maintained and advanced his r...