Search Results

1. [2021] NZEmpC 180 Scullin v Airways Corp of New Zealand Ltd [pdf, 218 KB]

   ...him of the positive pre-employment test result. [16] Mr Scullin was provided with a copy of the Omega Report, and a meeting with him was held via Skype video conferencing that afternoon attended by Mr Scullin, Bruce Borthwick, Manager – Human Resources Business Partnering, and Mr Bradding to discuss the positive test result. A member of the New Zealand Airline Pilots’ Association (NZALPA) Air Traffic Control Council also attended as Mr Scullin’s support person. [1...

2. [2022] NZACC 66 – Sankaran v ACC (27 April 2022) [pdf, 198 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself,...

3. [2022] NZREADT 10 – HD v REAA and LD (18 May 2022) [pdf, 216 KB]

   ...(see the agency’s response of 5 August 2021 to the Committee at 103 of the bundle). 8 [42] There is a checkbox answer section, with templated questions. This includes a question as to whether there were any statements/discussions about “Resource Consent and Use”, against which the “yes” box is marked with a cross. This begs the question as to what was said. The licensee does not deny that the issue of consent was raised. In answer to a question as to whether any...

4. [2023] NZIACDT 3 - MT v LL (2 February 2023) [pdf, 203 KB]

   ...breached her obligation under cl 31 of the Code. 6 The adviser’s statement [26] In support, a statement from the adviser (1 March 2022) was provided to the Authority. She explained that her professional background was predominantly human resources. Honesty and integrity had been central to her career and she was distraught at the allegation of dishonesty. [27] The adviser stated that on 6 October 2021, the complainant’s wife telephoned her to say that the employer h...

5. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...Ray White New Zealand. [18] The Committee also seeks an order requiring Mr Sharma to pay at least 50 per cent of the Committee’s costs. While he did accept the charge eventually, it did not result in significant savings of the Committee’s resources. The Committee provided a schedule of legal costs amounting to $34,955.50, excluding GST and disbursements. The costs sought, at 50 per cent, are $17,477.75. [19] There are further submissions from Mr McMullan (17 January 2023)...

6. TT Ltd v TG Trust [2022] NZDT 136 (17 August 2022) [pdf, 152 KB]

   Page 1 of 7 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 136 APPLICANT TT Ltd RESPONDENT TG Trust The Tribunal orders: The trustees of the TG Trust are to pay the sum of $1,000.00 to TT Ltd on or before Wednesday, 7 September 2022. REASONS 1. During 2017, NT, on behalf of the Respondent, was converting a residential dwelling at [the Property] to permanent living accommodation for orchard wor

7. [2022] NZACC 5 – Estate of Raymond Morris v ACC (18 January 2022) [pdf, 182 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself,...

8. [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections [pdf, 280 KB]

   ...a matter that deprives a court of jurisdiction”, so the Court can exercise a discretion to hear such proceedings.7 However, they ought to be struck out as an abuse of process where “the decision will have no utility”, otherwise “Court resources are wasted”.8 [15] Finally, s 317 of the AC Act states: 317 Proceedings for personal injury (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealan...

9. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...extensive search by him and his practice manager. In this respect we prefer the evidence of Mr X who has sworn an affidavit and fully assisted the Complaints Service in attempting to locate the client documents. [28] Mr X has also, from his own resources, fully reimbursed all the clients affected by Ms Dhillon’s actions. [29] In her correspondence with the Standards Committee, Ms Dhillon apologises to the clients and acknowledges some of her shortcomings. However, we consi...

10. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

    ...v OO;8 (e) each AVO faced difficult ongoing financial circumstances for a range of reasons; (f) also relevant was the AVOs’ willingness to attend mediation on more than one occasion in an attempt to resolve the issues; and (g) the limited resources the AVOs held had been affected by the multiple applications made in this jurisdiction, and for the purposes of an important judicial review application in the High Court. [23] Whilst these considerations are indeed entitled to weig...