Search Results

1. L v O [2015] NZIACDT 81 (14 August 2015) [pdf, 97 KB]

   ...[1.1] The adviser allegedly conducted herself in a dishonest and misleading manner as she misrepresented the date of her first contact with the complainant, put a false remuneration rate into the complainant’s employment contract, and offered a job to the complainant that was not genuine or sustainable. [1.2] She allegedly failed to pay a refund. [2] The Tribunal held an oral hearing where the adviser gave sworn evidence and was subject to cross-examination. The complainant did not a...

2. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   ...because of what he said was the inappropriate handling by the company of certain financial information that risked compromising his professional standing as a chartered accountant. [2] Fletcher Construction does not accept that Mr Johnston’s job was redundant and says he continued to be employed by it until he chose to resign. It maintains the financial information that concerned him was handled appropriately; its half-yearly accounts were the subject of an independent...

3. A Q v Mudaliar [2015] NZIACDT 76 (23 June 2015) [pdf, 185 KB]

   ...Immigration New Zealand did not accept the lodgement; as a result, the complainant was in New Zealand unlawfully when his visa expired. There were two reasons for 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 lack of a police clearance, as the complainant was not staying in New Zealand long enough to require the police clearance. Mr Mudaliar did not raise this point with Immigr...

4. WN v BC & BQ Ltd [2023] NZDT 675 (20 November 2023) [pdf, 227 KB]

   ...BC’s work would be overseen and signed off by an LBP plumber. BC had been given a copy of the architect’s plans to work from prior to quoting. WN paid $7000.00 to BQ Ltd at the start and a further $2000.00 as work progressed. 3. Before the job commenced, BC advised WN that he couldn’t find the shower-type specified by the architect, so he quoted for a different one, which involved tiling the bathroom and which ended up needing Council consent to change the plans. 4. During...

5. [2022] NZEmpC 217 Karunanayake v FED [pdf, 191 KB]

   ...The main documentary evidence is the advertisement on the SJS website, which formed the basis of the engagement. That advertisement was clearly one for casual employment. As noted, the defendant had experience with similar telemarketing type jobs. In those jobs she was an employee and was paid more than the minimum wage. She assumed the role with the plaintiff would be similar. (b) The defendant worked from her own home, using her own phone and determined the precise...

6. C Ltd & B Ltd v SU [2024] NZDT 28 (1 February 2024) [pdf, 153 KB]

   ...work was carried out and on 6 July 2023, B Ltd sent an invoice to SU which was paid in full without delay. 4. In August 2023, SU received an invoice from C Ltd for $3,485.08 for the supply, install and dismantle of scaffolding for the roofing job done by B Ltd. 5. SU has not paid this invoice as he says he understood the scaffolding was covered by the quote given by B Ltd and he has paid the quoted amount in full. 6. The claim was originally filed in the name of C Ltd. After...

7. BL & KL v QT [2024] NZDT 206 (12 April 2024) [pdf, 114 KB]

   ...Reasons: 1. BL and KL contracted QT to paint the aluminium joinery on their newly-purchased home for a discounted “cash” price. BL and KL wanted a more modern colour and had consulted QT about the work prior to purchasing the property. The job was extended to include downpipes, guttering and the roof. The roof was the only aspect of the job put in writing, with a written quote for $10,600.00, including GST, dated 19 February 2022. 2. On 20 February 2022, QT advised the BL and...

8. E v Hakaoro [2015] NZIACDT 54 (14 May 2015) [pdf, 173 KB]

   ...www.justice.govt.nz). [2] Mr Hakaoro accepted instructions to assist the complainant with a request for a visa, she was in New Zealand unlawfully as she did not hold a visa. Mr Hakaoro: [2.1] Knew his client’s circumstances, she did not have a job offer or New Zealand partner. [2.2] He considered it would be advantageous if she did have a job offer and a partner. [2.3] Mr Hakaoro lodged two requests with Immigration New Zealand, the first dishonestly misrepresented the complainant...

9. L Ltd v I Ltd [2023] NZDT 197 (19 May 2023) [pdf, 172 KB]

   ...incl.GST. 3. L Ltd wanted the job carried out with some urgency so on 2 November, signed the contract and paid the 50% part-payment required under the contract ($12,535.00) so that the job could be scheduled. I Ltd said they rescheduled/declined other jobs so that three days could be booked in early-mid December to carry out the removal for L Ltd. 4. I Ltd were able to access the site on 10 November and discovered that the foundation was entirely concrete, which fundamentally chang...

10. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

    ...December 2019, 11 February 2020 and 2 November 2020 and provided oral submissions at hearing, and he produced documents relating to the period 1980 to 1990. [17] Mr Langston submitted he was incapacitated from July 1981 when he was sacked from his job as a mechanic and he has been incapacitated ever since then. [18] Reviewing the transcript of hearing before Judge Walker, Mr Langston stated: ▪ He provided details of his employers to his case manager ▪ When he returned to N...