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1. [2015] NZEmpC 134 Hungry Hound Ltd v Hayes [pdf, 162 KB]

   ...his reasoning, he suggested that if they could find alternative work elsewhere then they should take it. Discussion – first issue [25] In Jinkinson v Oceania Gold (NZ) Limited, Judge Couch carried out a comprehensive analysis of the case law relating to casual employment. He concluded: 3 [40] Against this background, it is also important to understand what is meant by the terms “casual” and “ongoing” or “permanent”. Whatever the nature of the employment relat...

2. Coronial-Factsheet-Samoan.pdf [pdf, 165 KB]

   ...Upegatafailagi: afterasuicide.nz Births, Deaths and Marriages (BDM) e saunia tusi faamaonia o maliu. Telefoni vili fua: 0800 22 52 52. Imeli: bdm.nz@dia.govt.nz Upegatafailagi: govt.nz/organisations/births-deaths-and-marriages/ E saunia e le Community Law Centres fautuaga faaletulafono e aunoa ma se tupe e totogi mo i latou o moomia ai. Upegatafailagi: communitylaw.org.nz E saunia e le Sands lagolagosua mo mātua faavauvau ona o se tamaitiiti na fanau mai ua maliu po o se pepe na faat...

3. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...representative raised the issue as to the basis on which the company was requiring return of the vehicle and work gear, the company’s lawyer advised that if Mr Ward declined to hand them over it would be taken as a refusal to comply with a lawful request and disciplinary action could follow. I return to the issue later. [14] Mr Ward attended at the Rotorua factory as requested on 7 November 2016. Mr Mackie and Mr Henderson (the precast manager) were present when Mr Ward...

4. [2023] NZREADT 8 - HD v Real Estate Agents Authority (CAC 2102) (12 April 2023) [pdf, 231 KB]

   ...competence, and diligence at all times when carrying out real estate agency work. ... 6 Standards of professional conduct ... 6.4 A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client. [44] It is the evidence of the purchaser and his son that the licensee told them at the meeting in his office on 16 September 2020 that it would be easy to obtain the council’...

5. [2015] NZEmpC 4 Booth v Big Kahuna Holdings Ltd costs [pdf, 111 KB]

   ...A short affidavit setting out the plaintiff’s financial position was filed in support of his application for a stay of proceedings. Brief written submissions were also filed, traversing both applications. The issues were not complex and the law is settled. I do not consider that costs of more than $4,000 would be reasonable, 66 percent of which is $2,640. I do not accept that an uplift is appropriate in the circumstances. Contrary to the plaintiff’s submission, I di...

6. Ly v Navarette-Scholes [2015] NZIACDT 46 (29 April 2015) [pdf, 154 KB]

   ...Registrar BETWEEN Manit Ly Complainant AND Rosemarie Navarette-Scholes Adviser DECISION REPRESENTATION: Registrar: In person. Complainant: In person Adviser: Mr S Laurent, lawyer, Laurent Law, Auckland. Date Issued: 29 April 2015 2 DECISION Introduction [1] The Registrar of the Immigration Advisers Authority referred this complaint to the Tribunal. [2] The complaint is that Ms Navare...

7. Waters v Alpine Energy Ltd (Discovery No. 2) [2015] NZHRRT 7 [pdf, 73 KB]

   ...duties of the actual advertised position. 9. That I was the best qualified and experienced applicant the Defendant received for the actual advertised position, who could directly and professionally carry out the duties of the position. 10. That a lawful reasonable employer seeking to fill the actual advertised position, would have offered me the position. [12] Mr Waters submits the information sought by him is relevant to the stated issues, that is whether discrimination occurred....

8. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...C Hockly, for Applicants P Majurey, for Respondent D Abbot, for Estate of Carol Ngawhira Tanui Fleet Judgment: 31 January 2019 JUDGMENT OF JUDGE M P ARMSTRONG Copies to: C Hockly, Bennion Law, P O Box 25433, Wellington cameron@bennion.co.nz P Majurey, Atkins Holm Majurey, P O Box 1585, Auckland 1140 Paul.Majurey@ahlmlaw.com D Abbot, 22 Seymour Street, St Mary’s Bay, Auckland 1011 dabbott@xtra.co.nz mailto:cameron@bennion.co...

9. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

   ...1983, ss 7–8. be accepted. First, there is no evidence relating to the circumstances of each of those individuals; second, they are not parties to this proceeding; and third, I have not been persuaded that there is any possible basis in law for reaching such a conclusion. [49] For the foregoing reasons, I concluded that there should be a clarification of the order, making it clear that the fifth respondent is not prohibited from making payments in the ordinary course of i...

10. [2022] NZACC 68 – Broughton v ACC (28 April 2022) [pdf, 233 KB]

    ...and recommendations from its meeting held on 23 February 2021, that the surgeries performed by Mr Dray on Mr Broughton’s ankle was to manage pre-existing tendinopathy not caused by the accident on 10 July 2017, remained unchanged. Relevant law [34] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by a...