Search Results

1. ED v T Ltd [2024] NZDT 465 (12 June 2024) [pdf, 107 KB]

   ...manufacturer’s guidance on the product. He says the asbestos roofs are difficult to deal with as there are limitations around how they are prepared. They cannot be water blasted or scraped like other types of roof so they look less than perfect after the job is done. 13. He submits encapsulation does not mean that every overlap is sealed up. The system of overlapping sheets used in any type of roofing is meant to be a flashing method. It is not a normal requirement to gap this unles...

2. [2025] NZEmpC 62 (TradeZone Industrial Group Ltd v Stanton [pdf, 171 KB]

   ...associated with legal proceedings. [18] Mr Stanton asserts in his evidence that publication will prevent him from seeking new employment. He has been unemployed since his employment with TradeZone ended. He has been applying for work and completing job applications which ask whether he has been convicted and consents to pre-employment screening. I accept that Mr Stanton may have difficulty in finding new employment, but his difficulty on that front will be caused by his fraudule...

3. Gray & Ors as Trustees of the John Gray Family Trust v Lay [pdf, 300 KB]

   CLAIM NO: 00027 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN JOHN RAYMOND GRAY, DEAN GRIMMOND and SANDRA MAY BARRY as Trustees of the John Gray Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation) Si

4. [2016] NZEmpC 172 Twentyman v The Warehouse Ltd [pdf, 234 KB]

   ...[11] The letter continued: 4. I felt very belittled and abused when Te Rangi introduced me to “my replacement” and that I will no longer be doing [stillages]. To rub salt in [the] wound she also stated that my replacement does a better job as I [don’t] colour block and size. 5. I was informed by my supervisor that Te Rangi had said that she [doesn’t] see what I do at nights. This hurts my feelings as I [genuinely] enjoy my job and put 100% into everything I do in H2...

5. De Wet v North Shore City Council [pdf, 323 KB]

   ...respective plasterers. There was no evidence that he did so. In fact Mr Bianca's evidence was to the contrary, namely that he worked on the basis of advice from Mr Bakker who was the on-site training manager and technical adviser and his job on site: "… was to ensure that the standard of work that we carried out was up to Plaster Systems Ltd standards. If there were any problems with the work that we done [sic] it was the responsibility of the builder to approach us,...

6. [2016] NZEmpC 175 Wikaira v The Chief Executive of Department of Corrections [pdf, 767 KB]

   ...without conviction. The defendant refused to provide any advice at all in writing (or otherwise) which might assist the sentencing Judge including, importantly, any information about the possible consequences of a conviction for Ms Wikaira’s job. [16] Those were the essential circumstances that led the defendant to commence a comprehensive investigation of what it said was Ms Wikaira’s possible serious misconduct in breach of a number of the employer’s policies and pr...

7. [2013] NZEmpC 202 Hallwright v Forsyth Barr Ltd [pdf, 236 KB]

   ...after a road rage incident in 2010. [36] The story was accompanied by two subject tags – “Guy Hallwright” and “Forsyth Barr”. An article also appeared in the NBR around this time, speculating on whether Mr Hallwright would keep his job with Forsyth Barr, with the director of a Christchurch-based stock broking firm reported as saying that: 14 If it was one of our employees, obviously there is a bit of reputational damage there with what he did, but I would be looking...

8. B v ACC [2012] NZACA 5 [pdf, 127 KB]

   ...because, for reasons he did not explain, he was doubtful of the appellant’s true desire to return to a state of full 13 physical fitness. There was also the factor that the appellant was attempting to return to a most unsuitable (heavy) job, but he understood that the appellant was making some effort to find lighter work. Treatment was to continue, aimed at returning the appellant to the pain free state he had achieved in 1978. [89] In his next report, dated 19 February...

9. [2016] NZEmpC 158 Kidd v Beaumont [pdf, 460 KB]

   ...conscripts are required to perform their duties and work required of them: status as a volunteer in this sense does not make performance of duties optional. Both volunteers and conscripts are usually paid for their military service. [47] Many jobs can be and are undertaken by either volunteers or employees. Relatives working in a family business may be another example of where there is no mutual intention to enter into a wage/work bargain. 8 There is generally no expectation o...

10. Rankin v Accident Compensation Corporation (Revocation of Cover Mental Injury) [2023] NZACC 96 [pdf, 389 KB]

    ...6 July 2015, Mr Johann Schutte, Psychologist, provided the following clinic note following an assessment of Ms Rankin: On enquiry as to what she considers to be the possible reasons for this, she states that she was recently dismissed from her job in April 2015 at a local firm, where she had worked for the past eight years. She goes on to explain that money was missing from the till and that she and her colleague who were thought to be guilty of taking the money, were fired. She...