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1. Varsanyi v CAC 10048 & McMillan [2012] NZREADT 78 [pdf, 125 KB]

   ...Cottingham also seemed annoyed that, because he could not get a refund on air tickets, he had spent money coming to Dunedin to view a property which had already been sold to someone else. [21] The licensee put it to the appellant that she had done a good job for him and that she was sorry about his current feelings. The appellant did not seem to deny that the licensee had done a good job for him in general. 5 [22] It was emphasised that the appellant had told the licensee...

2. Notman v Accident Compensation Corporation [2016] NZACA 01 [pdf, 112 KB]

   ...An internal Corporation file note (7 December 2012) recorded that it was probably two months. The IRD record shows he returned to his employment with the NZ Forest Service. [10] Mr Notman is unclear about his employment thereafter. He had jobs from time to time, mainly casual farm work, fishing (paddle crabs) and later operating a digger. He has no records of his employment or wages or IRD returns. [11] Seventeen years later, in October 1992, Mr Notman sustained a back injury...

3. [2017] NZEmpC 78 Chief Executive of the Department of Corrections v CANZ Inc [pdf, 191 KB]

   ...provision is in cl 10.1.3. Where a staff member’s position no longer exists, or that staff member can no longer be employed in his or her current position, salary or work location, the clause provides for reconfirmation, reassignment, retraining, job search, part-time employment, temporary employment, special leave, and severance. These options are not listed in any order of priority other than for severance which is the last resort. [20] Each option is described in the agreemen...

4. [2020] NZEmpC 28 Talbot Agriculture Ltd v Wate [pdf, 368 KB]

   ...J Horan, advocate for defendant Judgment: 11 March 2020 REMEDIES JUDGMENT OF JUDGE K G SMITH [1] There is an unresolved issue about the remedies Franklyn Wate is entitled to having been unjustifiably dismissed from his job with Talbot Agriculture Ltd.1 [2] Talbot Agriculture unsuccessfully challenged the Employment Relations Authority’s determination.2 In dismissing the challenge the Court dealt with remedies Talbot Agriculture was ordered to pay by co...

5. KT & OX & SX v P Ltd [2021] NZDT 1614 (4 August 2021) [pdf, 164 KB]

   ...also wanted to avoid the new replacement pump burning out like the first one, so needed to have any problems sorted out in order to avoid this. The various remedial work carried out is itemised in FX’s Invoice ITR-1344 dated 30 November 2020 and the job audit sheet. Page 5 of 7 (g) I have noted the report presented by P from HN of G Limited (undated – June/July 2021) which says that two independent electrical inspectors have looked at the photos of P’s electrical ins...

6. MN Ltd v QN & EN [2021] NZDT 1440 (27 April 2021) [pdf, 256 KB]

   ...leaking, which it needed to rectify before working in that area. It also says the existing decking was not level and needed to be squared up before the decking extension could be done. 11. MN says the designs and instructions changed throughout the job, adding time and cost. For example, MN say that after preparing boxing and ordering concrete for the area between the pool and the house EN decided she wanted timber decking in that area. EN disputes this and says she never wanted con...

7. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [pdf, 205 KB]

   ...it is Mr Human’s view, not that of Mr Parmenter, that he is seen as “poisoned fruit.” We think it unlikely that potential employers would generally have such a prejudicial view. Mr Human gave oral evidence that he had applied for 50 to 60 jobs but, when asked for more detail, he could only say he had telephoned one named lawyer seeking a job (not in response to an advertisement) and had spoken to another named lawyer. We have a firm impression that he has not sought employment...

8. [2021] NZACC 107 - Ballantyne v ACC (19 July 2021) [pdf, 176 KB]

   ...the Health and Disability Commissioner. [19] Mr Ballantyne stated when the Corporation reinstated his entitlements, 80% of his backpay had to be repaid to WINZ or went towards his debts. Mr Ballantyne said he was forced in to a lower-paying job. He said he had lost so much since his injury; his wife, children, and home; and this was due to the stated operation and failure to “fix” his lumbar condition. He said he also experienced depression and struggled with back and leg p...

9. LCRO 98/2022 DC v HT (20 December 2024) [pdf, 188 KB]

   ...2020, when DC needed to travel from City A to City B for a [event]. (c) HT instructed UB to appear at the defended hearing at short notice and without consulting DC. HT had another engagement and this was unprofessional. (d) HT did not do his job; he did not contact DC and this jeopardised the case. He did not discuss the prosecution with him, and took no instructions. (e) HT advised DC to plead guilty which DC objected to because he had done nothing wrong. [14] By way of outcome,...

10. Arnold v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 157 (2 October 2024) [pdf, 175 KB]

    ...April 2021, Mr Arnold advised that he had been allowed private use of the company van allocated to him as part of his employment outside the work hours: 3. Having a company car was relatively rare back then and considered a significant perk of the job. Because I could use the company vehicle for private use, I sold my private car as there was no need to keep one. 4. I used the company cars for everything – shopping, going to the pictures, socialising, etc. If you wanted to go on h...