Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Contract / Contract and Commercial Law Act 2017 / Applicants and Respondents were flatmates in fixed term tenancy / Respondents moved out 3 months before fixed term expired / Applicants had to cover rent until lease ended / Applicants claimed Respondents breached flatmate agreement, / Applicants sought damages for rent and end of lease costs / Applicant also claimed stress caused failure of exam, sought additional $2750 for cost of repeating course / Held: agreement existed between parties / Respondents breached agreement by not paying rent after moving out / Applicants tried to mitigate loss by seeking replacement flatmates, but were unsuccessful / Respondents required to pay for rent and end of lease costs / Applicant’s loss from failed exam was unforeseeable and too remote from breach to be claimable / Respondents ordered to pay $3263.25 and $2087, respectively / Claim allowed in part.

Contract / Applicant bought vehicle from Respondent / Vehicle broke down and Applicant advised vehicle would need engine rebuild / Respondent agreed to pay $3000 towards repairs in three instalments / Respondent only paid $1000 / Applicant claimed remaining $2000 / Held: Applicant and Respondent have an enforceable contract where Respondent agreed to pay $3000 towards costs of repairs / Respondent in breach of contract by not paying the remaining $2000 / Respondent ordered to pay Applicant $2000 / Claim allowed.

Sanctions / adviser overlooked aspect of INZ letter and provided erroneous advice, failed to read decline letter and did not provide adequate advice / failed to promptly forward decline letter after discovering it / failed to explain Code of Conduct or complaints procedure when entering service agreement / did not amend or provide new agreement for s 61 request / failed to confirm material discussions in writing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl17a, cl17b, cl17c, cl18a, cl26c / HELD / first appearance before Tribunal / adviser’s misconduct caused significant stress and loss / modest damages for stress awarded in appropriate cases / high legal fees not recoverable as reasonable compensation / adviser cautioned / ordered to pay $1,000 financial penalty having regard to clean record, acknowledgement, apology and compensation / compensation of $4,893 awarded for stress, adviser’s compensation offer, s 61 fee and reasonable legal fees

Contract / Applicant won auction for gym equipment / Applicant paid Respondent $1,150.00 purchase price / Applicant had difficulty collecting equipment and relisted equipment for auction / Applicant advised Respondent that new auction winner would collect equipment / Respondent refused and relisted equipment for auction / Applicant refunded new auction winner / Applicant claimed refund of purchase price / Held: Respondent breached contract by refusing to hand over equipment / Respondent to refund Applicant $1,150.00 purchase price / Claim granted.

[2023] NZEmpC 79 New Zealand Qualifications Authority v Hickey (Costs Judgment of Judge K G Smith, 30 May 2023) COSTS – LEGAL AID – employee was in receipt of legal aid throughout both Authority and Court proceedings – employee was protected from costs order under Legal Services Act 2011, s 45(2) – no costs awarded.

Penalty / practitioner admitted two charges of misconduct / failed to comply with Standards Committee order / failed to respond to enquiries or requests from Standards Committee in timely manner / HELD / failing to engage with professional body and comply with orders always treated seriously / practitioner promptly engaged another practitioner to supervise his practice / previous finding of unsatisfactory conduct shows troubling pattern of behaviour / mitigating factors / long career without disciplinary action / poor physical health / commitment to care for wife during illness which moved practitioner’s focus away from practice / willingness to be supervised by another practitioner ensuring no repetition of procrastination / Tribunal ordered censure, two months’ suspension and supervision / practitioner to pay Standards Committee’s and Tribunal’s costs

Contract / Applicant booked two tickets on a fishing charter run by Respondent / Tickets indicated departure time was 9am / Departure time was actually 7am / Morning of the booking, Respondent phoned Applicant to ask whether they going on charter / Applicant was unable to get to departure point promptly so did not go on trip / Respondent later provided a partial refund, retaining $60 per ticket to cover costs /  Applicant claimed $160, for ticket price and filing fee / Held: departure time on ticket was a misprint but the time formed part of terms and conditions of contract / Respondent did not provide the trip as contracted and Applicant received no part of what he paid for / Applicant entitled to a full refund / Tribunal does not have jurisdiction to award costs, including the filing fee, in these circumstances / Respondent ordered to pay Applicant $120 / Claim granted.

Contract / Contract and Commercial Law Act 2017 / Applicant moved into a flat in November 2020 / Applicant paid $760 bond to head tenant Respondent / Applicant understood flatmates were planning to remain in the property for a while / In early January 2021, Applicant was informed the landlord had given the tenants one month to vacate property due to missed rent payments / Applicant moved out and requested her bond returned, Respondent refused / Applicant claimed $7,720.00 for bond, moving costs, mental health strain, loss of personal property, and other costs / Held: Applicant entitled to full bond / Applicant would have incurred expenses of moving into one flat, but not the additional expenses of moving again so soon / Applicant entitled to cost of moving and into another flat, but not the costs of subsequent move / Tribunal cannot consider the claim for mental health strain / Respondent ordered to pay Applicant $3,110.00, bond and moving costs / Claim granted in part.  

[2023] NZEmpC 76 McMillan v Resque Corporation 20/20 Ltd (Oral Judgment of Judge K G Smith, 25 May 2023) ENFORCEMENT OF COMPLIANCE ORDER – Authority had made compliance orders – compliance order has not been complied with – $15,000 fine ordered with $9,000 to be awarded to applicant – costs awarded.

Appeal against a review decision that declined to provide reimbursement for vocational rehabilitation and transportation costs. Appellant unable to prove on balance of probabilities that previous decision was wrong. Satisfied that the reviewer's analysis and conclusions were correct. Outcome: appeal dismissed.

Contract / Respondent was bringing claim with respect to bathroom renovations / Respondent accidentally named applicant as the party in this matter / Applicant’s director is a different person to who renovated the bathroom / Respondent accepted prior to hearing that she named wrong person / Applicants wish to pursue costs for preparation of evidence / Held: s 43 Disputes Tribunals Act 1988 bars award of costs except in limited circumstances that do not apply here / Applicant could just have let respondent know she had named wrong party / Claim dismissed.

Weekly Compensation, s 100(1)(a); s 103(2); Cl 32 Schedule 1 Accident Compensation Act 2001. Whether the court has jurisdiction to determine the appellants employment/earnings status at the time his incapacity commenced. Whether the appellant was an employee in permanent employment entitled to a calculation of his weekly compensation under the Act. The appellant was an employee in permanent employment at all material times and thus entitled to a calculation of his weekly compensation under the Act. Decision quashed. ACC to assess the appellant’s weekly compensation as an employee in permanent employment before his incapacity commenced. Costs reserved. Outcome: appeal allowed.