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1. BM & KM v L Ltd [2024] NZDT 475 (27 May 2024) [pdf, 180 KB]

   ...replaced about 2/3 of the driveway. 2) When the ‘remedial’ work was done by the respondent, the applicant expressed unhappiness with that. The respondent was informed of this view and was asked to “satisfactorily complete” the contracted job. In October 2022 the respondent informed the applicants that it would not be taking any further action with respect to the driveway. 3) The applicants have paid the respondent $47,000.00. There is the sum of $7979.20 owing from the respo...

2. [2007] NZEmpC CC 2/07 Mackway-Jones & Anor as Trustees of the Family Start Support Services (Invercargill) Trust v Clark [pdf, 51 KB]

   ...The status quo in question is the situation immediately prior to the cause of action arising. Where an employee has been dismissed and an order for reinstatement is made then the status quo to be considered involves the employee working on the job. In this case, the status quo is that the employee was not working on the job. That must be so because Mr Clark has never worked on the job in the sense of being employed by the Trust to do the work of manager. It seems to me that this...

3. [2010] NZEmpC 41 Shortland v Alexander Construction Co Ltd [pdf, 38 KB]

   ...her employment there. Initially her work was mainly clerical and administrative but later she also took on a health and safety role for the site. The plaintiff reported to Mr Briggs. [9] In mid April 2008 Mr Briggs told the plaintiff that her job would soon come to an end. The plaintiff queried this with Mr Hamilton as she regarded the project as far from being complete. Mr Hamilton replied that he regarded decamping from the work site as completion of the project and confirme...

4. [2012] NZEmpC 54 Maritime Union of NZ Inc v Ports of Auckland [pdf, 109 KB]

   ...with the new contractors. In support of those allegations, references were made to statements made by the chairman of the defendant, Richard Pearson, in the media in which he was alleged to have said that the union members needed to apply for jobs with the new contractors. [14] Affidavits from three union members have deposed that they are permanent stevedores who have been employed by the defendant for up to 15 years, have economic commitments to their family and are torn betwee...

5. [2013] NZEmpC 135 Catering Masters NZ Ltd v Anand [pdf, 81 KB]

   ...he ever struck Mr Anand. Ms Laisani Dean, who worked at the plaintiff company at the relevant time and who was the only other person who was present on 8 September, said that she had seen Mr Anand icing the cake, that he had done a good job, and that she had not seen any assault. [8] Mr Anand says that he visited his doctor on 9 September because of the pain that he was experiencing with his back. His doctor indicated that he should take three days off work in order to r...

6. [2015] NZEmpC 62 Dynamic Meats 2014 v Hodges Allen [pdf, 91 KB]

   ...per hour. She was dismissed on 16 May 2014. It found that Ms Allen had started work as an administration manager on 16 April 2014 on a salary of $45,000 per annum and she had been dismissed the following day. Both applicants had given up other jobs to work for Dynamic Meats. There were no written employment agreements and no wage and time and holiday records were ever produced to the Authority by Dynamic Meats despite being requested. Neither applicant was paid although Ms Alle...

7. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

   ...once a day) he says that the only way that he can make it up to her is to live up to his potential and do the best with his life as he can. He said he really wanted to make ‘a go’ of being a real estate agent. He had worked hard in the other jobs he had had since completing his degree. However now he felt that Real Estate was the occupation he wanted to pursue. He told the Tribunal that he now deals with stress by making sure that he stayed very fit and that he simply wanted to be...

8. [2018] NZEmpC 3 Kazemi v Rightway Ltd [pdf, 221 KB]

   ...That case related to the relatively narrow issue of trade-testing costs incurred by workers recruited from the Philippines. The Court noted: [54] Used in the context of s 12A we consider “premium” naturally captures paying to acquire a job (that is, consideration over and above the wage paid for the work performed in the wage/work bargain) as described in Sears and illustrated in Tan; specifically where a price is paid either by an employee, or potential employee, or is paid...

9. [2017] NZSAAA 06 (20 October 2017) [pdf, 227 KB]

   ...to receive the full benefit that she was receiving previously, and as a result she had to start to “contribute towards the accommodation and food”. This meant that all her income from 2016 onwards – Student Allowance, income from part time jobs, and even income from gifts – went to her mother, essentially to keep the household above water. [22] The only real basis on which this appeal can succeed is if her mother could be said to be “financially dependent” on her and on th...

10. ABC Trust v G Ltd [2021] NZDT 1307 (16 April 2021) [pdf, 247 KB]

    ...available to harvest the southern block, G Ltd began to wind down the site, though it says at this stage it was planning to leave equipment at the site and continue with the contract when it could procure contractors for the Trustees who could finish the job. j) LK says he saw the ‘shut down’ process and understood that G Ltd were planning to leave the site and abandon the contract. In an attempt to thwart that outcome, he issued a Trespass Notice (served 22 May 2019) against the...