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1. [2006] NZEmpC AC 55/06 Downey v NZ Greyhound Racing Assoc Inc [pdf, 80 KB]

   ...contractor under a contract for services. She held the matter was, however, finely balanced and resolved the issue on the basis of what she perceived the intention of the parties to be at the outset. Pleadings [7] Mr Harrison’s statement of claim on behalf of Mr Downey is a model of brevity. It asserts that Mr Downey, from the date of his appointment to the date of cessation of his position as stipendiary steward, was an employee. That the real nature of the relationship be...

2. [2023] NZREADT 9 – Complaints Assessment Committee 2108 v O’Brien & Wildman (28 April 2023) [pdf, 247 KB]

   ...to Bayleys, depriving both Jervois and Bayleys of a share of the commission. CHARGES FILED IN THE TRIBUNAL [10] On about 18 November 2022, the charges were filed in the Tribunal. [11] Mr O’Brien and Ms Wildman both filed Response to Charge forms (dated 21 and 26 November 2022 respectively) admitting the charge of misconduct and all the particulars. [12] Following a telephone conference, the Tribunal issued Minute 1 with procedural directions on 20 December 2022. No party so...

3. [2024] NZREADT 48 – CAC2105 v Chen, Stevenson & Buy West Realty (18 December 2024) [pdf, 565 KB]

   ...worked as a licensed salesperson at Buy West. [8] When Ms Chen started working at Buy West in December 2017, she alleges that she did not receive any induction on how to account for VPA. Ms Stevenson and Buy West dispute this. [9] Ms Chen claims that shortly after starting at Buy West, SI told her not to tick the “no refund” box on her transaction reports. As a result of this, Ms Chen started to do this on all her transaction reports. She claims she discussed this practice...

4. Frearson & Anor v CAC20009 & Anor [2015] NZREADT 13 [pdf, 220 KB]

   ...signs when there are issues with respect to the water as I have considerable experience with properties relying on bore water) I wasn’t aware that there was anything possibly wrong with the water or the septic tank. 6. In response to my usual request regarding water to the Lindegreens [the vendors], they confirmed to me that they had a good water supply by way of an easement from the farm next door. They certainly gave no indication that there was any problem with either the water o...

5. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...familiar with. Mr Gillan disputed the accounts of what happened in these statements by denying they described the symptoms of a seizure. [27] Copies of the statements from Mr Gillan’s co-workers were sent to his union, together with a request for a meeting to discuss the incident. The union was advised that he would be stood down from work on full pay in the meantime and that a further medical assessment would be required. Fourth medical report: November 2015 [28] Amco...

6. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

   ...confidential personal information relating to a client, unless- (a) the client consents in writing; or (b) the licensee is required by law to disclose the information; or 4 (c) disclosure is necessary to answer or defend any complaint, claim, allegation, or proceedings against the licensee by the client.” The Decisions of the CAC [13] In its 19 July 2013 substantive decision finding that, in not disclosing the suicide to the complainants, Barfoots had engaged in unsatis...

7. [2022] NZACC 55 – Griffith v ACC ( 5 April 2022) [pdf, 233 KB]

   ...Judgment: 5 April 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Vocational independence - s 107, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 13 November 2017. The Reviewer dismissed an application for review of the Corporation’s decision dated 9 September 2016. This decision advised Mr Griffith that he had been assessed as having vocational independence and that his weekly compensation payments would end. 2...

8. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...the ITPs collectively on 7 December 2011 had come to an end as a result of the outcome of those secret ballots and that the Union was then free in law to initiate bargaining with each of the ITPs individually. [6] The ITPs collectively disagreed, claimed that the Union was obliged to continue to bargain with them and asserted that the purported initiation of bargaining by the Union with each of them individually was an unlawful cross initiation of bargaining. All collective bargain...

9. [2024] NZEmpC 129 Carrington v Roy [pdf, 229 KB]

   ...dismissal. I now order that sum of $18,000 be repaid by Ms Roy to Carrington Resort. [39] Ms Roy should make those payments within 28 days of this judgment. Costs affected by the lack of good faith before the Authority [40] In its statement of claim, Carrington Resort says that it seeks to recover all costs. 12 Roy v Carrington Resort Jade LP, above n 1, at [151]. [41] Notwithstanding the success on aspects of the challenge, I do not disturb the costs determination...

10. Strengthening the Criminal Justice System for Victims: Survey report [pdf, 1.2 MB]

    ...workshop will provide the Minister of Justice with information about victims’ experiences so improvements can be made through the Hāpaitia te Oranga Tangata, Safe and Effective Justice reform programme. While the survey has limitations and cannot claim to represent the views of all people who have experienced crime, this is one of the few surveys that specifically asks victims of crime about their experiences in the criminal justice system. The results of the survey confirmed what vic...