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1. [2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd [pdf, 248 KB]

   ...warnings are to be issued in three stages and elapse one year from the date on which they are recorded. Warnings must be in writing. [13] Finally, cl 32 deals with suspensions and dismissals. It relevantly states: It is agreed that the primary response to misconduct should be to alter behaviour and support rehabilitation rather than imposing financial and social costs of job loss and incurring the costs of hiring, training and replacement. Therefore suspension of up to six mo...

2. [2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]

   ...noted that not all commentators agree that the principle of unjust enrichment underlies a quantum meruit claim; 24 it referred to discussion in Grantham and Rickett, where it is argued that the principle application of quantum meruit is as a response to a promissory obligation. 25 The Court ultimately concluded, however, that it did not need to “resolve the doctrinal dispute”. 26 It held that there was a general agreement that: 27 … a plaintiff will be able to esta...

3. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...concluded on an interim basis that the Member should continue to investigate the employment relationship problems. Ms Fechney was offered the opportunity of providing further comment by the end of the month. The Court is advised that no further response was submitted at that stage. [37] On 20 May 2021, UXK filed a statement of problem, as had been directed. It incorporated a chronology of events that ran from late 2018 to early 2020. As part of that timeline, reference was ma...

4. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 005 [pdf, 289 KB]

   ...normal and he was discharged on the same medical grading as when he had entered. 6. Mr Jessup has several commodities in the form of sleep apnoea, untreated depression and the emotional fallout from bariatric surgery. Any or all of them could responsible for the range of symptoms he complained of. The Panel concluded, from the above, that the evidence was strongly against Mr Jessup having developed solvent neurotoxicity whilst serving in the RNZAF. They noted that both Dr Black an...

5. [2024] NZEmpC 183 Auckland Trotting Club Inc v Payne [pdf, 343 KB]

   ...an employee to raise a dispute where they are not aware or are only vaguely aware of an issue or where they are not concerned about the issue.4 [42] Mr Langton, counsel for the plaintiff, referred to the mutual obligation of good faith to be responsive and communicative as well as not to mislead or deceive the employer.5 4 See below at [188]. 5 Employment Relations Act 2000, s 4(1) and 4(1A). [43] However, there was nothing for Mr Payne to respond to in July 2015 whe...

6. D v IAG New Zealand Ltd [2022] CEIT-2020-0014 [pdf, 619 KB]

   ...if IAG’s counsel had requested that Mr Creighton and/or his quantity surveyor go to or back to the site, that permission would have been granted. [62] The leading authority on “reasonable costs” is the High Court case of Ginivan v Southern Response Earthquake Services Limited.6 Gendall J found that in determining what is objectively reasonable a consideration of different market rates for similar charges, the prevailing circumstances of the local building industry and evidence f...

7. Henare v Horowhenua District Council - Hokio A, Part Hokio A and Hokio Maori Township (2013) 310 Aotea MB 292 (310 AOT 292) [pdf, 502 KB]

   ...of counsel had been provided and that those details as well as whether or not the estimate included GST would need to be attended to before the estimate could be approved. [21] Mr Cameron then wrote to Ms Hall on 12 October 2005 setting out the response of the Chief Registrar and on 3 November 2005 she provided a detailed reply that included a submission on the interpretation of ss 70 and 98 of the Act and a breakdown of costs. On 29 November 2005 Mr Cameron acknowledged Ms Hall’...

8. Proactive-release-new-Whanganui-Courthouse-Cabinet-Paper_FINAL.pdf [pdf, 8.3 MB]

   ...managed in accordance with the National Environmental Standards (NES) for safe removal and disposal of soils. A high-water table coupled with poor ground conditions (described as dune sands) required extensive site testing and associated engineering responses to manage the inground risk culminating in preloading of the site with approx. 10,700t of gravel (GAP65) for up to six months. This has added approximately $ million in costs to the development. Building Code Changes MBIE...

9. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   REPORT FOR THE MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID CULLEN BAIN BY HON IAN BINNIE QC 30 August 2012 (supplemented in response to questions raised by the Minister at our meeting of 13 September 2012) - ii - Table of Contents MANDATE AND METHODOLOGY ........................................................................................................ 1 EXECUTIVE SUMMARY ......................................................

10. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

    ...recording in this judgment. It is sufficient to note that, increasingly during 2005 and 2006, Ms Strachan took on more legal work commensurate with her increasing skill and experience, and more remunerative work. In 2006 she also assumed greater responsibility for the administration of the practice including financial management. Towards the end of 2006, Ms Strachan began to develop her own clientele and to receive instructions in minor litigation from other lawyers, principally...