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1. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

   ...were waiting for his feedback. [8] On 27 November 2015, Mr S provided a substantive reply to Immigration New Zealand by email. He sent documents which he stated supported the claim that Mr AA 3 was performing the substantial part of the job role defined for his position. The email drew attention to certain documents. Mr BB [9] On 9 September 2015, Mr T of ISAS, a case officer, sent an email to Mr BB, a client of ISAS. It advised him how to prepare for an interview. It...

2. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...accepted, signing an employment 4 agreement with DEFL that day. It was for 40 hours weekly, the place of work being the address of the café. [19] An “ADDENDUM” signed by the complainant and the director, also on 28 November 2017, set out a job description. The complainant’s key responsibility was “liaison, coordination and organisational tasks” in support of the director of DEFL, ABCL and another company owned by the director. She would spend 70 per cent of her ti...

3. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...move. He thought that he might have mentioned this to Mr Pender. The details of the conversation remain unclear. What is however clear is that Mr Pender subsequently emailed his manager, Mr Ireton, advising: … just a message regards crane jobs I understand that part of the process is if you are happy to change groups and that is a possibility for me if it helps get job … [15] Mr Ireton responded: “Thanks Carl. Have noted that.” [16] A Work Place Team was set up an...

4. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...to the role Mr Vermuelen had been employed to perform. Mr Vermuelen gave evidence that the change arose out of a discussion about his hours and pay rate and that while an extension to his visa would have been a bonus he felt that the change in job title would more accurately reflect the nature of the role he was doing. [22] The position description was altered to refer to “Business development manager”; and the associated tasks/duties to refer to “Develop sales.” No other...

5. 2025] NZEmpC 171 NZEI Te Tiu Roa Inc v Secretary for Education [pdf, 265 KB]

   ...application to restrain specific pay deductions. Ms Davies stated in her affidavit that all service managers and field staff routinely and regularly undertake work on new cases as part of their ordinary duties. [41] Ms Davies annexed to her affidavit job descriptions for service managers. The job description provides a description of the role as follows: The Service Manager is responsible for the management of a team of field staff in the development, co-ordination and provision o...

6. ACC and ACD v ZYA [2013] NZDT 111 (18 March 2013) [pdf, 46 KB]

   ...18 March 2013 Referee: Referee Meyer ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that ZYA is to pay to ACC and ACD the sum of $750.68 by 26 March 2013. Facts [1] ACC and ACD contracted with ZYA on a labour only job to lay tiles in their kitchen. They were dissatisfied with his workmanship and advised him of this but he has refused to carry out remedial work. Consequently, they have had the work redone by another tradesman. Issues [2] The i...

7. BZ Ltd v YA [2014] NZDT 719 (12 December 2014) [pdf, 58 KB]

   ...Is the amount invoiced by BZ Limited reasonable for the work done? [6] I find that the price charged by BZ Limited is reasonable for the amount of work done. YA has produced no alternative quotations from either before or after BZ Limited's job to provide a comparison of price. He has provided a quotation from a third party for the exterior painting of his own house, which he said was to be part of the job, for $1,360 + GST. That would be a significant portion of...

8. [2007] NZEmpC AC 44A/07 Tones v 3D1 Ltd [pdf, 52 KB]

   ...with the New Zealand side of the business. Their other related entities engage contractors as independent agents working outside New Zealand. They have never had employees working for them. [8] In May 2006 Mr Adams placed an advertisement on a job placement website called seek.co.nz to find people capable of selling the 3D Kitchen software range. Matthew Tones answered the advertisement. He had previously been employed first as a field representative and then State sal...

9. [2006] NZEmpC WC 17/06 Bryson v Three Foot Six Ltd [pdf, 54 KB]

   ...discussions with Mr Walsh centred largely on Mr Bryson’s unhappy relationship with Mr van Ommen. He had a number of issues going back through the employment relationship. Mr Bryson wanted to sort those issues out because he wanted to have a job with Three Foot Six Ltd in the future. Mr Walsh expressed surprise that he would ever want to work with Mr van Ommen again given the state of the relationship so Mr Bryson raised the possibility of him getting a job in another department...

10. MM v Registrar of Immigration Advisers [2020] NZIACDT 3 (23 January 2020) [pdf, 120 KB]

    ...2018 was sent to Immigration New Zealand. [12] A note in Immigration New Zealand’s file, dated 29 May 2018, recorded that the visa officer called the employer to obtain information about the restaurant. The officer was satisfied that the job offered was that of a chef. [13] Immigration New Zealand, satisfied that the employment was genuine, issued a work visa to the appellant on about 25 June 2018 linked to M’s restaurant. [14] The appellant arrived in New Zealand on 6 Augus...