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1. XN v Ji [2019] NZIACDT 67 (1 October 2019) Sanctions [pdf, 186 KB]

   ...2019 seeks compensation for the loss the complainant has suffered. [16] Mr Chen observes that the application for residence was declined because the complainant did not provide evidence as to how she had acquired all of her nominated funds, as requested by the immigration officer. It is contended that the complainant had not been aware that this information had been requested. This occurred because the application was not undertaken by Mr Ji but instead the work was given to unq...

2. [2009] NZEmpC AC 23A/09 NZ Airline Pilots Association Inc & Anor v Jetconnect Ltd & Ors [pdf, 34 KB]

   ...McIntosh [2004] 2 ERNZ 448. [7] The first and most fundamental question for decision is whether reg 39(2) of the Employment Court Regulations 2000 (“the Regulations”) precludes the plaintiffs from having any recourse to regs 40 to 52 which form the statutory basis for document disclosure in this Court. [8] Although the defendants have each provided informal disclosure of documents to the plaintiffs, they have resisted the plaintiffs’ demands for disclosure of relevant do...

3. [2015] NZEmpC 97 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 268 KB]

   ...Regard must be had to the court-directed part of the document disclosure exercise, the first instance of which was the second interlocutory judgment delivered on 4 December 2014. [12] The plaintiff says that on 22 January 2015 the defendant requested an extension of time to comply with the Court’s 4 December 2014 orders “as it did not consider complying with the Orders a business priority”. Then, the plaintiff says, on 13 February 2015 the defendant provided “grossly def...

4. MVDT Annual Report 2019-2020 [pdf, 381 KB]

   ...name for the defendant should be No Reserve Cars Ltd”, which Mr Bhatia had claimed was his employer. The matter was then remitted back to the Tribunal in December 2019, and adjudicator Jason McHerron reheard the matter. After considering the information provided to the Tribunal and the District Court, Mr McHerron determined that, in addition to Mr Bhatia and No Reserve Cars Ltd, two other parties had sufficient connection to the matter to be joined to the proceeding. They were Antony...

5. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...that of legal professional privilege. This term encapsulates solicitor client privilege, which is described in s 54 of the Evidence Act 2006 (the EA). It relevantly states: 54 Privilege for communications with legal advisers (1) A person who requests or obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the...

6. LG v OE [2023] NZDT 48 (30 January 2023) [pdf, 199 KB]

   ...was not of acceptable quality. I say that because LG was told that the parts had all been replaced with brand new parts, and that OE would provide a full cover 3-month warranty for everything. Those things tend to suggest that the spa pool would perform at a higher level than a second-hand spa pool which had not been reconditioned, which would include the absence of a persistent leak. If not, was it remedied within a reasonable time? 12. Section 18 of the CGA states that where goods...

7. IT & NH v UN Ltd [2022] NZDT 163 (25 October 2022) [pdf, 257 KB]

   ...meet. He claimed there were other emails about this which had not been produced in evidence. However I note two things in relation to this. IT has had plenty of time since filing the claim and since the first hearing in July to produce any such information in evidence if he had it, and he has not done so. Secondly, Mr O had produced a number of emails in evidence, and he said that is all there were. These emails did not over-promise anything as alleged. The most that Mr O said was tha...

8. NB v CF & MF [2024] NZDT 515 (13 August 2024) [pdf, 214 KB]

   ...unconsented works on the property. She obtained a pre- purchase builders report from T of D Joiners & Builders. Under the heading “waste water system”, T wrote: “A septic tank located adjacent to the dwelling has been constructed of in-situ formed concrete and is of a size capable to deal with the size of dwelling and the amount of kitchen and bathroom facilities. This tank appears to be vented correctly. An adjacent inspection cover reveals another settling tank or soak pit...

9. [2010] NZEmpC 149 Radius Residential Care Ltd v McLeay [pdf, 71 KB]

   ...they were designed for recording the medical progress of patients in hospitals or care centres rather than communications between RCS and one of the company’s rest home clients. It is not clear from the evidence why the defendant had used the forms for writing up her notes regarding Mr Hamilton’s complaint. What was clear, however, from Ms Bedford’s evidence was that the plaintiff wrongly believed that the notes had not been made by the defendant contemporaneously with the e...

10. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

    ...integrity testing.6 C3 Ltd has accepted that, under the Standard, it is considered best practice that, where there are issues with a specimen’s integrity that may indicate tampering (such as the use of fake urine or other types of adulteration), to request a second sample from the employee and to send both samples to the laboratory to be analysed. (g) However, C3 Ltd elected not to include the full Standard into its D & A Policy. The D & A Policy does not require a...