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1. 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...

2. [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...

3. 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...

4. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...of employment were varied to take account of the temporary position, and that it was implicit in their doing so that upon completion of its term, each would return to his previous role. So I do not accept Mr Davenport’s description of the jobs as ―entirely different‖. They were different but associated. [39] Addressing the argument in which this was first raised, however, I consider that this mis-states the position. Coverage by s 81 does not turn on the question of whe...

5. [2008] NZEmpC AC 9/08 Hardie (practicing as J D Hardie & Co) v Round [pdf, 63 KB]

   ...Hardie, alleged was Dr Round’s fraudulent conduct. Dr Round was very concerned that his ability to practise law might be affected, even by what he was confident would transpire to be an unmeritorious complaint. [18] Dr Round found alternate job hunting to be both unpleasant and humiliating. He felt obliged to be candid about the circumstances of his dismissal with the recruitment firms with which he had registered his name and that he had no reference from his previous job fro...

6. [2007] NZEmpC AC 5A/07 Ali'imatafitafi v CE of the Department of Corrections [pdf, 91 KB]

   ...Auckland) Appearances: Iao Metai Ali'imatafitafi, plaintiff Megan Richards and Nick Belton, counsel for defendant Judgment: 15 August 2007 JUDGMENT (NO 2) OF JUDGE B S TRAVIS Introduction [1] The plaintiff was dismissed from his job as a work party supervisor for the defendant, the Community Probation Service (CPS) of the Department of Corrections (the department) on 17 December 2002. The Employment Relations Authority found that his dismissal was justified....

7. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] Mr McSherry works in the hospitality industry and has done so for many years, predominantly in Australia. He describes himself as being something of a gypsy, moving between jobs on a regular basis. [2] Mr McSherry returned to New Zealand in December 2014 to attend a friend’s sixtieth birthday. While in New Zealand he signed up with The Recruitment Network Ltd (RNL), a business which places workers in hotels an...

8. NZCVS-Cycle-4-Core-Report-Section-7-Reporting-to-the-Police-fin.pdf [pdf, 520 KB]

   ...anything”, “Didn’t have enough evidence to report it” and “Dealt with the matter myself ourselves”. • The least common reasons given for not reporting were “Tried to report but not able to contact police”, “Happens as part of my job”, “Dislike/fear of police/bad experience before” and “Didn’t want to get offender into trouble”. • Two of the most common reasons given for not reporting fraud and cybercrime offences were “Bank/credit card company dealt w...

9. Beker v Accident Compensation Corporation Costs on Review and Weekly Compensation [2023] NZACC 12 [pdf, 272 KB]

   ...light and some medium work, but could not cope with heavy work full time. He identified a number of work types in the light/medium categories as being appropriate to Mr Beker. [23] In his report dated 6 November 2012, Dr Murray considered that 12 job types were sustainable for Mr Beker although heavy full time work was contra-indicated. [24] Following this, on 19 November 2012, ACC issued its Vocational Independence decision, advising the appellant that his injury no longer preve...

10. Williamson v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 134 [pdf, 244 KB]

    ...variable fatigue was pre-existing for around 30 years, and, although it appeared to have been exacerbated by the event of 2 March 2017, it was not caused by it. Dr Robb concluded that Mr Williamson was unable to work in his pre-injury part time job as a firewood contractor and that he would benefit from referral to a pain specialist for better management. [8] On 15 January 2018, Mr Williamson was assessed by Dr Johnson, Neurosurgeon. In his assessment, Dr Johnson summarised his si...