Search Results

1. [2014] NZEmpC 30 Austin v Silver Fern Farms Ltd [pdf, 165 KB]

   ...related compensation payments to Mr Austin. The employer continued to assert that the plaintiff was no longer its responsibility and eventually suspended and/or dismissed him because of his incapacity to carry out even the light duties that he had formerly been able to perform. [4] Mr Austin did not raise a personal grievance with the employer within the period of 90 days beginning with the date of his dismissal. Several months later, however, when documents on his personnel f...

2. [2021] NZACC 114 - Stalmann v ACC (3 August 2021) [pdf, 267 KB]

   ...by her in early September 2008. She was treated by her general practitioner and also Palmerston North Hospital. [2] Two primary decisions issued by the respondent are the subject of this appeal: • A decision dated 21 August 2015 declining a claim for cover for treatment injury for peritoneal adhesions. • A decision dated 26 May 2016 declining a claim for cover for treatment injury for peritoneal adhesions resulting in bowel obstruction caused by a delay in diagnosis...

3. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...the date of transfer, Ms Park wrote to Pacific's Human Resources Manager and Acting General Manager, Ms Gerda Gorgner, making a formal request for all transferring employees’ historical wage and time records. Ms Park attached written requests from all but four of the 40 staff authorising the release of their records. Pacific again failed to provide the wage and time records for the 40 staff. [10] The Service and Food Workers Union together with four of the 40 staff too...

4. West & Anor as Trustees of the Christine West Family Trust v Perry [pdf, 769 KB]

   ...with the bottom plate fixed to the top of the main entry concrete floor slab. This can be seen on photographs taken by the Perrys in about January 1998 [Perry docs. 219 and 221]. 5.7.3 There is a short flight of concrete steps that have been formed in situ against the west wall of this northwest corner. These steps are above internal floor level, and lead to a short path and another flight of steps against the north wall. This leak is caused by water flowing from this path...

5. LL & TM v I Ltd & TE [2023] NZDT 730 (7 December 2023) [pdf, 204 KB]

   ...additional $3,450.00 and, when they did not pay that sum, refusing to lower the house onto the new piles. [11] TE said that he had been initially aware that the obtaining of the building consent might take some time. He said that the applicants had informed him that the building consent had been issued in December 2022 and he had subsequently gone to the site on 1 and 2 February and placed the house on metal stands to enable the piling work to be done. His expectation was that the pili...

6. OP v U Ltd & B Ltd [2024] NZDT 823 (15 October 2024) [pdf, 134 KB]

   ...there was no written agreement for storage. B Ltd accepted that no written documentation was given to OP at the time of entry into the arrangement and that no terms and conditions were given to OP at that time. Particularly, OP was not given the information that B Ltd considered it had the ability to sell OP’s property for non-payment. I do not consider that B Ltd has been able to establish on the balance of probabilities that there was a term in the contract to this effect. 9. The...

7. EJ v UQ Ltd [2015] NZDT 834 (29 September 2015) [pdf, 91 KB]

   ...second hand from UR Ltd in 2010. At that time the Jeep was covered by the balance of a 3 year manufacturer’s warranty which expired in July 2012. [2] UQ Ltd is the local authorised service repair centre for Jeep. Between 2010 and 2012, at EJ’s request, UQ Ltd carried out 27 warranty claims to the value of $30,000 without cost to him. [3] In November 2014 EJ filed a claim for $10,887.51 from UQ LTd. EJ is unhappy with two of the repairs undertaken in 2012 by UQ Ltd (to the front...

8. [2021] NZACC 9 - Stryder v ACC (12 January 2021) [pdf, 164 KB]

   ...[Treatment Injury ss 26(1)(c) 32 and 33 Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is a decision by the Corporation on 28 April 2017 in which it declined Mr Stryder’s claim for cover for a treatment injury. Background [2] Mr Stryder has cover for a previous lumbar and ligament sprain sustained on 16 April 2014 when he injured his lower back lifting a tandem trailer. [3] He was referred to Graha...

9. [2021] NZACC 9 - Stryder v ACC (12 January 2021) [pdf, 139 KB]

   ...Injury ss 26(1)(c) 32 and 33 Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is a decision by the Corporation on 28 April 2017 in which it declined Mr Stryder’s claim for cover for a treatment injury. Background [2] Mr Stryder has cover for a previous lumbar and ligament sprain sustained on 16 April 2014 when he injured his lower back lifting a tandem trailer. [3] He was referred to Grahame Ingl...

10. [2011] NZEmpC 109 Evolution E Business Limited v Smith [pdf, 229 KB]

    ...plaintiff Defendant in person assisted by Mr Brian Smith JP Judgment: 26 August 2011 JUDGMENT OF JUDGE A D FORD Introduction [1] In this proceeding, the plaintiff (Evolution) seeks an award of damages and other relief against its former employee, Mr Benjamin Smith, for alleged breaches of his employment agreement, in particular, alleged breaches of his duties of good faith and confidentiality. The principal allegation made against Mr Smith is that during the course o...