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1. 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...

2. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...hearing; availability of mental health services appears to be an issue). [70] I conclude that the balance of convenience weighs in favour of interim reinstatement, but on a limited basis (as I will come to). Overall interests of justice [71] Jobs are important and money is often a poor substitute. In this regard the Act has both an educative and regulatory function, which the Court recognises when dealing with applications for reinstatement, both interim and permanent. The poi...

3. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

   SERENITY PILGRIM, ANNA COURAGE, ROSE STANDTRUE, CRYSTAL LOYAL, PEARL VALOR AND VIRGINIA COURAGE v THE ATTORNEY-GENERAL SUED ON BEHALF OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT, LABOUR INSPECTORATE [2023] NZEmpC 105 [13 July 2023] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2023] NZEmpC 105 EMPC 85/2022 IN THE MATTER OF a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN SERENITY PILGRIM, ANNA

4. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

   ...Microsoft in Singapore; and (iii) Kevin Ackhurst and/or Sally Doherty and any person based in the office of the Microsoft subsidiary in Australia; created between 18 June 2009 and 11 December 2009 in which the plaintiff is referred to by name, job title or otherwise. [8] The defendant’s grounds for objecting to disclosure are as follows: 1. The class of documents referred to in paragraph 1 (i) to (iii) inclusive is unreasonably wide in that: 1.1 the class of documents is linke...

5. [2012] NZEmpC 43 CentrePort Wellington Limited v Maritime Union of NZ & Anor [pdf, 75 KB]

   ...Auckland. The Court was informed in an affidavit filed by Mr Joseph Fleetwood, General Secretary of MUNZ, that the port company is proposing to engage contractors to carry out the work of 350 MUNZ members which will result in them losing their jobs. On 1 March 2012, proceedings were commenced by MUNZ against the Ports of Auckland Ltd and they are still to be dealt with. [5] On Wednesday, 29 February 2012 the Maersk Aberdeen, a container ship owned by the Maersk shipping line ber...

6. [2016] NZEmpC 24 Myatt (Labour Inspector) v Pacific Appliances Limited [pdf, 90 KB]

   ...pay the penalty and filing fees ordered by the Authority. The Court, accordingly, has a basis for exercising its discretion under s 140(6) of the Act to impose a sanction. [16] In Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre 4 Judge Inglis helpfully traversed the legal framework for applications of this nature. The following principles were adopted by Judge Inglis: 5 (a) The failure to comply with a compliance order made by the Authority...

7. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...4 to at least obtain the right to work lawfully in New Zealand. That was the only way he could repay his family, and a student visa, rather than achieving that objective, would result in him having to meet tuition fees. He was trying to find a job offer that might give some prospect of seeking a work visa instead of a student visa. [16] The adviser said that given an ongoing series of meetings and communications, it was not until 12 December at the very earliest that he could lodge a...

8. [2022] NZEnvC 032 Currie v Palmerston North City Council [pdf, 177 KB]

   ...activities as the business moves all operations to the Ashhurst site. 17. The Management Plan includes an Organisation Chart which shows me as ‘Operations Manager’ for both Tolly Farm and Soul Friends. The appendices to the Management Plan include job descriptions for all roles at Soul Friends and Tolly Farm, with the ‘Background’ to each job description recording: Tolly Farm Limited specialises in the Boarding of animals from the Manawatu and the wider regions. In addit...

9. SA v TD & I Ltd [2021] NZDT 1646 (4 October 2021) [pdf, 139 KB]

   ...employer can be held vicariously liable for the negligent actions of their employee, where the employee is acting in the course of their employment. 20. I Ltd and TD accept that at the time of the collision TD was driving to carry out work at a job site for I Ltd and so TD was in the course of his employment with I Ltd at the time of the collision. For this reason, I find that I Ltd is vicariously liable for TD’s negligence at the time of the collision. Are the costs claimed estab...

10. Bogusz v Accident Compensation Corporation (Suspension of Entitlements) [2022] NZACC 157 [pdf, 226 KB]

    ...now 9 months since the original injury. [19] He suggested a cervical X-ray to help with diagnosis but said that the emphasis should be more on return to work and “at this stage, it is likely that he would be able to return to his pre-injury job”. [20] He also suggested a cervical X-ray to help with the diagnosis. [21] On 9 July 2020, ACC suspended entitlements on the basis that the medical information showed that his covered injury of the shoulder and neck sprains had resolv...