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1. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...employer to do any work for hire or reward under a contract of service; and (b) includes— (i) a homeworker; or (ii) a person intending to work; but (c) excludes a volunteer who— (i) does not expect to be rewarded for work to be performed as a volunteer; and (ii) receives no reward for work performed as a volunteer. (2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Autho...

2. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...seek to disturb the Authority’s finding that he was unjustifiably dismissed and unjustifiably disadvantaged, or that the company breached its obligations of good faith to him; he does seek to disturb the Authority’s awards. In this regard he claims that the Authority erred in fact and law in its approach to the calculation of both pecuniary (lost wages) and non-pecuniary (compensation for emotional harm) loss, and submits that both awards ought to be set aside and increased awa...

3. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...C Oll';\' \\v 2 (1) INTERIM DECISION (2) INTERIM REPORT AND RECOMMENDATION To: The Minister of Conservation The Marlborough District Council The Parties Table of Contents [AJ Introduction [BJ Status of the activities and applications [C] The guiding principles, objectives and policies [DJ How are the effects to be assessed? • Difficulties with the case law • What are 'effects? • 'What is the standard of proof? • How is a precautionary...

4. Samisoni v Tangilanu [2015] NZIACDT 60 (19 May 2015) [pdf, 169 KB]

   ...Tangilanu’s delivery of the services she agreed to provide lacked both due care, and diligence; accordingly she breached clause 1.1(a) of the 2010 Code for those reasons. [3.2] Ms Tangilanu failed to report that Immigration New Zealand rejected the request, and did not report why it was rejected. She had a duty to do so, and accordingly breached clause 3(a) of the 2010 Code. [4] The full circumstances are set out in the substantive decision. The Parties’ Positions on Sanctions [...

5. Fetherston v REAA & Milne [2013] NZREADT 12 [pdf, 31 KB]

   ...after deduction of commission, (and with the agreement of both the vendor and purchaser’s solicitors) the balance paid to the vendor. The complainant and his wife took possession in April 2010. However the trust did not settle in March 2011 and requested a month’s extension for settlement. The vendor did not grant this. Subsequently an order was brought for possession by the vendor. On 29 September 2011 the High Court granted the vendor possession of the property and cancelled th...

6. Stanimirovic v Levarko [2018] NZIACDT 25 (20 June 2018) [pdf, 143 KB]

   ...in the substantive decision Stanimirovic v Levarko [2018] NZIACDT 3, and an interim decision on sanctions issues in Stanimirovic v Levarko [2018] NZIACDT 8. Those decisions should be read with this decision. [2] The interim decision on sanctions requested that the Registrar clearly express her view on sanctions, particularly as she had moved from her initial position which would have resulted in at least the temporary exclusion of Mr Levarko from the profession. In addition, the Tri...

7. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

   ...against the possibility of Ms Chung returning. The parties could not reach an agreement as to the possibility of only Mr Kang returning. [8] Accordingly, Mr Kang pursued disadvantage and dismissal grievances against SCL, as well as other breach claims. Ms Chung elected not to do so as she did not want the associated stress which she thought such a process would involve. [9] Mr Kang’s claims came before the Employment Relations Authority. His personal grievances were dismiss...

8. [2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector [pdf, 240 KB]

   ...lived with Mr Shah while he was employed at Shah Enterprise’s convenience store and paid no rent. Shah Enterprise says he agreed to pay $250 as board but with payment deferred as he was a student and only working part-time. [8] There is no claim for wages for February 2018 to 22 May 2018, but the pay for that period is relevant to the calculations of board and holiday pay. [9] From 23 May 2018, Mr Maradiya was able to work full-time under the student visa until it expire...

9. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...misconduct, was found to be proven. The evidence showed that Mr Parsons should have operated a trust account in respect of money he received from his clients. The Tribunal was satisfied that there had been wilful and reckless breaches of the applicable statute and regulations. [8] The Investigation Charge, of unsatisfactory conduct, (amended from a charge of misconduct as noted) was found to be proven. The Tribunal was satisfied that on the evidence Mr Parsons had been less...

10. Final Submissions Summary Report [pdf, 1.1 MB]

    ...tātou Our path ahead Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that c...