Search Results

1. [2012] NZEmpC 53 New Zealand Educational Institute (Inc) v The Boards of Trustees of Te Mata, Parkvale and Frimley Schools [pdf, 183 KB]

   ...designed to allow teachers to move through a process demonstrating the quality of their practice against a prescribed set of knowledge, skills and attributes, and enabling them to progress to the top step of the salary scale. [9] The AST model formed part of the negotiations for the 2007 collective agreement. The plaintiff’s claims included a claim for increased remuneration; full roll out of the AST model by July 2008 (and of the other career pathways models of mentor and midd...

2. [2010] NZEmpC 128 McKendry v Jansen & Prouting [pdf, 82 KB]

   ...Remedies (1) Where the Authority or the Court determines that an employee has a personal grievance, it may, in settling the grievance, provide for any 1 or more of the following remedies: (a) reinstatement of the employee in the employee's former position or the placement of the employee in a position no less advantageous to the employee: (b) the reimbursement to the employee of a sum equal to the whole or any part of the wages or other money lost by the employee as a result o...

3. Retto v Standing [2012] NZIACDT 69 (28 September 2012) [pdf, 97 KB]

   ...met with Mr Standing and concluded he was not providing the services he agreed to provide. 6 [49] Mr Retto terminated Mr Standing’s engagement and requested that Mr Standing refund the money he had paid. Mr Standing ignored the requests. [50] The Tribunal upheld the complaint. The evidence supporting the complaint established: [50.1] Mr Standing obtained fees dishonestly through misrepresentations, [50.2] He failed to account for the money he dishonestly solicited....

4. [2021] NZACC 2 - Judkins v ACC (5 January 2021) [pdf, 183 KB]

   ...Ferguson reported a diagnosis of Mr Savage having significant low back pain and lower limb radiculopathy secondary to LB/S1 disc herniation. [4] On 11 June 2018, Mr Judkins’ general practitioner (“GP”), Dr Bjornholdt, filed an ACC injury claim form for pain in the lumbar and thoracic spine as a result of a gradual process. The claim form described “repetitive strain and repetitive injuries over the years working as a plumber”. [5] On 25 June 2018, Mr Judkins completed...

5. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...BY DEFENDANT1 BACKGROUND [1] In its decision in Lohr v Accident Compensation Corporation [2016] NZHRRT 31 given on 29 September 2016 the Tribunal found the Accident Compensation Corporation (ACC) had discharged its burden of proving the information withheld from Dr Lohr fell within the exceptions in ss 27(1)(c) and 29(1)(a) of the Privacy Act 1993. As information 1 [This decision is to be cited as: Lohr v Accident Comp...

6. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...care and skill. QD’s submission was based on media reports of an interim report of the Transport Accident Investigation Commission. L Ltd says it does not accept some of the statements in the report and that that there is new (undisclosed) information that is likely to affect some of TAIC’s preliminary findings. While the evidence, such as it is, points to failings on L Ltd’s part, it is not necessary to make any findings on the issue. 21. Of more significance is whether th...

7. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...transfer to “our trust account” of the funds Firm A held in trust. Firm A requested from Ms ND “… your firm’s undertaking that you will retain the sale proceeds … undisbursed, until resolving of division of relationship property between [the former husband] and [the respondent]”. [13] The exchange is puzzling. Barristers do not operate trust accounts. Ms ND may not have understood this. [14] Ms ND engaged with Firm A regarding the form of undertaking required. On...

8. TT v BB Ltd [2022] NZDT 152 (13 September 2022) [pdf, 183 KB]

   ...Accordingly, the claim for declaration of nonliability for fees claimed by the respondent, including [accounting software] fees, is granted. Referee: P McKinstry Date: 13 September 2022 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

9. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

10. 31 October Legal Aid News [pdf, 195 KB]

    ...provider contract renewal Update on changes to the administration of legal aid Electronic signature requirements Pre-hearing matters Complying with the Court of Appeal ‘Criminal Electronic Document Protocol’ Delegation of work Legal aid forms – New installer package available for downloading Changes to the reassessment/ reconsideration process Queries? Legal aid provider contract renewal The renewal process for the new Provider Contract for Services is well under way....