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  1. [2014] NZEmpC 99 Robinson v Pacific Seals Ltd [pdf, 188 KB]

    ...the Act. 7 The company’s failure to consider whether Mr Robinson’s dismissal could be avoided by a return to work on light duties was also found to constitute an unjustifiable disadvantage. 8 [22] The Authority dismissed Mr Robinson’s claim for $20,000 general damages in relation to an alleged breach of an implied duty to maintain a safe workplace, finding that there was no evidence to support a conclusion that safety rails or

  2. Yates v Te Kohanga Trust - Te Kohanga Lots 1, 3-16, 24 and 27 (2013) 63 Taitokerau MB 299 (63 TTK 299) [pdf, 224 KB]

    ...ruling addressed Ms Yates’ main concern regarding access to her land. However, as I observed in my judgment, what remained to be addressed was the Trust’s general rights and powers in relation to Lot 1. I was particularly interested in the application of the Reserves Act 1977 (“the RA”) and its predecessor to Lot 1, and the Trust’s ability to limit access over Lot 1 and to control activities on that land. [3] I therefore adjourned the application for further submissions to...

  3. [2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd [pdf, 232 KB]

    ...told her at a meeting on 17 July 2018. Ms Wills then instructed other counsel and applied to the Employment Relations Authority for leave to raise the personal grievance after the expiration of the 90-day period.2 [6] The Authority declined the application.3 In reaching this conclusion it held that Ms Wills had not instructed Mr Mason to raise a personal grievance on her behalf.4 [7] Ms Wills challenged that determination. Her case was that an instruction was given to Mr Mason at...

  4. National Standards Committee 1 v Yang [2024] NZLCDT 23 (1 August 2024) [pdf, 134 KB]

    ...AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2024] NZLCDT 23 LCDT 021/23 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NATIONAL STANDARDS COMMITTEE 1 Applicant AND JASON YANG Respondent CHAIR Dr J Adams MEMBERS OF TRIBUNAL Mr S Hunter KC Ms G Phipps Ms S Stuart Ms P Walker MNZM DATE OF HEARING 26 July 2024 HELD AT Specialist Courts and Tribunals Centre, Auc...

  5. MacNaughtan v Accident Compensation Corporation (Treatment Injury/Causation) [2023] NZACC 160 [pdf, 327 KB]

    ...available for a mental injury, as a treatment injury, if it is suffered because of a physical injury caused by treatment. [3] The case for the appellant is that his OCD was caused by Isotretinoin, a drug he was prescribed to treat acne. It is claimed in this case that since OCD is a disorder which has a basis in the brain, it should be inferred that the drug must have caused some physical injury to the appellant’s brain. [4] The Corporation’s position is that there is no evid...

  6. [2014] NZEmpC 134 Booth v Big Kahuna Holdings Ltd [pdf, 197 KB]

    ...couched somewhat unfairly. [9] Ms A moved out of the home she shared with Mr Booth on 25 April 2013. She advised Mr Booth that she wanted some time to herself and asked him not to contact her. It is apparent that he did not take this request on board and that some text exchanges took place over this two day period. [10] That weekend Ms A moved back in with her parents. On Sunday 28 April she advised Mr Booth by text message that she wanted to end the relationship. Mr...

  7. Waitangi Tribunal - District 11 Wairarapa [pdf, 2.3 MB]

    ...will enhance the value of the report when it is published in its final fonn. The views contained in the report are those of the author and are not those of the Waitangi Tribunal, which will receive the final version as evidence in its hearings of claims. Other district reports have been, or will be, published in this series, which, when complete, will provide a national theme of loss of land and other resources by Maori since 1840. Each survey has been written in the light of the objecti...

  8. [2020] NZEmpC 34 Byrne v The New Zealand Transport Agency [pdf, 247 KB]

    ...IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a challenge to a costs determination of the Employment Relations Authority AND IN THE MATTER of an application for costs BETWEEN VERONICA BYRNE Plaintiff AND THE NEW ZEALAND TRANSPORT AGENCY Defendant Hearing: (on the papers) Appearances: R M Harrison, counsel for plaintiff G Cain and R M But...

  9. TU v Hakaoro 2014 NZIACDT 1 (15 January 2014) [pdf, 107 KB]

    ...and cannot pay his existing debts, and has no foreseeable prospect of improving his situation. That should be taken into account in relation to the financial penalty, compensation, and costs. [7.4] The complainant paid fees of $2,700, not $3,000 as claimed. Discussion Licence [8] The findings against Mr Hakaoro are evident in the decision upholding the complaint. If he held a licence, or was entitled to apply for one, orders would be made cancelling his licence and prohibiting him a...

  10. Nelson Standards Committee v Bamford [2015] NZLCDT 39 [pdf, 33 KB]

    NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2015] NZLCDT 39 LCDT 013/15 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN NELSON STANDARDS COMMITTEE Applicant AND ANTHONY (TONY) BAMFORD Solicitor CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Mr J Bishop Mr W Chapman Mr A Marshall Mr W Smith HEARING 23 October 2015 HELD AT Wellington DATE OF DECISION 17 November 2015 COUNSEL Mr D Webb f...