Search Results

1. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...September 2018 Global Security began an investigation into what had happened. The loss of the keys was characterised as an allegation of unsatisfactory performance and serious misconduct. There was also an allegation that Mr Ngawaka was asleep on the job. [5] Mr Ngawaka was invited to attend a meeting to respond to these allegations and to have a support person or representative present with him. A meeting was organised for 5 October 2018. Before the meeting could take place,...

2. J Ltd v HH & KH [2023] NZDT 665 (28 September 2023) [pdf, 185 KB]

   ...states “vacuum/clean floor”. As it is not recorded in the quote and there is no other written or independent record of it being included in the contract, I find that it is not proven that the tiles were to be ground and polished as part of the job. There are some other aspects complained about that NC points out are not in the contract, such as the inside of bathroom cabinets and wardrobes. I accept that the items in the quote are the best evidence of what was agreed between the partie...

3. SH v DM [2024] NZDT 211 (18 March 2024) [pdf, 104 KB]

   ...DM to carry out that work. TT said that he asked DM because the builder that TT would normally use, NN, was not available. TT purchased and delivered the materials to site that DM would need to carry out the work. TT estimated the length of the job would be one and a half weeks. 4. I am satisfied that DM carried out the work because SH’s agent, TT, authorized DM to do the work. CI0301_CIV_DCDT_Order Page 2 of 4 Did DM fail to carry out the work with reasonable care and...

4. Q Ltd v EZ [2024] NZDT 860 (30 October 2024) [pdf, 123 KB]

   ...and leaked into the neighbour’s property. Q Ltd attended the property and replaced the pump and the control panel. 2. EZ was issued with an invoice for $7,348.33 (invoice [1]) which EZ paid. However, EZ claims Q Ltd quoted him $1840.67 for this job. 3. On 20 November 2023 the pump stopped working causing sewage to overflow again. EZ contacted Q Ltd and on this occasion Q Ltd claim the electrical cable from the house to the control panel was the issue and replaced it accordingl...

5. [2025] NZEmpC 9 DQJ v The Commissioner of Inland Revenue [pdf, 184 KB]

   ...previous manager has deposed that they have serious concerns about their well-being in the event that they are named in the proceedings, and further identifies a concern that, if their name is published and they leave their current role, their future job prospects will be harmed. That is said to be because prospective employers may question their management abilities, which would be unfair. [13] The other two individuals in respect of whom orders are sought were co- workers of the...

6. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...determination must be made whether it is more likely than not that a U Ltd worker caused the leak. 4. Initially U Ltd believed it had photo evidence that there was black tape over the water pipe before the work commenced. Prior to quoting for the job the area was inspected by a worker, HF. U Ltd understood he had taken photos. However during the hearing it was realized that the photos U Ltd presented as evidence were not taken by U Ltd a worker but are photos taken by MD when the...

7. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 KB]

   ...had been done. CI0301_CIV_DCDT_Order Page 2 of 4 [8] BT said that the work had begun satisfactorily. However, he said, as time went on, ND and his employees increasingly became absent; they failed to turn up to do the work, and went to other jobs. He provided copies of texts, which showed that he made a number of efforts to contact ND, who was slow to respond, or failed to do so. BT said that he had a large family, and part of the house, where the extension was to be joined, was l...

8. [2025] NZEmpC 151 Lee v Yamaya and Ors [pdf, 185 KB]

   ...imprisonment for a term not exceeding 3 months: (d) order that the person in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [9] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector), the Court of Appeal referred to a range of factors to consider in assessing sanctions under s 140(6).3 [10] The factors referred to by the Court of Appeal are not exhaustive but include...

9. OIA-111066.pdf [pdf, 11 MB]

   ...substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; (iii) Subject the individual to any detriment or disadvantage (including any detrimental or disadvantageous effect on their employment, job performance, or job satisfaction) in circumstances in which other employees employed by the Ministry in work of that description are not or would not be subjected to such detriment or disadvantage; (iv) Retire the individual or...

10. DML v Montgomery and MT Enterprises Ltd [2014] NZHRRT 6 [pdf, 182 KB]

    ...Mr Montgomery take other sex workers into that room several times. 5 [22] Once or twice Mr Montgomery told the plaintiff exactly what he had done with other sex workers. He said that he “went down on them” and that they gave him “blow jobs”. He would also tell the plaintiff that he liked “young, skinny girls with perky breasts”. On one occasion he told her that he could do what he liked with girls and that “most girls will do anything for me anyway”. [23] The pl...