Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 95 Rachelle v Air New Zealand Ltd (Costs Judgment of Judge K G Smith, 1 July 2020) COSTS – GUIDELINE SCALE – no grounds for opposing costs.

[2020] NZEmpC 93 Grigorovich v Precise Ltd (Costs Judgment of Chief Judge C Inglis, 1 July 2020) COSTS – GUIDELINE SCALE – applicant was not legally aided for this aspect of the proceedings.

Penalty / misconduct and unsatisfactory conduct / practitioner performed legal work as a solicitor/trustee while suspended / breach of LCDT orders / High Court appeal confirmed four particulars as disgraceful or dishonourable / Burcher v Auckland Standards Committee 5 [2020] NZHC 43 / Central Standards Committee v Meyrick [2018] NZLCDT 28 / Auckland Standards Committees 3 and 4 v Banbrook [2017] NZLCDT 35 / HELD / no criticism of work performed for clients / harm to credibility of disciplinary system / suspended trustee lawyer must engage another lawyer to carry out legal work / not most serious breach of suspension order, but all breaches are serious / in context of dysfunctional partnership / did not charge for work / conduct occurred four years ago / aggravating feature: third appearance before LCDT / public protection not required / Tribunal ordered two-month suspension and censure / practitioner to pay two-thirds of Standards Committee’s costs and reimburse full Tribunal’s costs

Review / Committee declined to take further action on complaint / criminal representation / complaint lawyer did not account for money, made erroneous comments about Legal Aid Service and another lawyer, and brought the profession into disrepute / Lawyers and Conveyancers Act 2006, section 200 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 2 / rule 9.5 / rule 10 / rule 11 / HELD / lawyer misrepresented role of legal aid lawyer to client’s overseas family / erroneously minimised credentials of legal aid lawyer / breach of section 12(b), unacceptable and unprofessional conduct / client’s interests compromised as lawyer then withdrew services due to non-payment of fees / trust account records issue not addressed by Standards Committee / issue returned to Standards Committee / section 209 / Committee’s decision reversed as to orders / censure and costs ordered / section 211(1)(a)

Sanctions decision / rubber stamping / failure to enter into written agreement / adviser gave complainant’s application to unlicensed person to file with INZ /application not filed / failure to personally file application breached obligation to be professional, diligent & exercise due care / Immigration Advisers Licensing Act 2007, s50, s51 / adviser abandoned complainant & application to unlicensed person which amounted to serious misconduct / adviser committed multiple errors / adviser’s first appearance before Tribunal / adviser admitted wrongdoing & refunded fees charged to complainant / adviser ordered to complete training & prevented from reapplying for licence until this is completed / adviser censured & ordered to pay $2,000 penalty

Review / Committee declined to take further action on complaint / sale and purchase of commercial property / complaint lawyer breached undertaking / delay in providing lease documents / Auckland Standards Committee 3 v W [2011] 3 NZLR 117 (HC) / W v Auckland Standards Committee 3 [2012] NZCA 401 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 10.3 / HELD / undertaking said lease documents would be provided on completion of settlement / lawyer did not search files in response to inquiries / provided documents 5 weeks later / breach of rule 10.3 / Committee’s decision reversed / $1,000 fine and costs ordered / section 211(1)(a)

Liability and penalty / misconduct or unsatisfactory conduct / criminal proceedings / practitioner did not appear or respond / Tribunal concluded service was properly effected and practitioner waived right to appear / practitioner charged for failing to serve client’s best interests in criminal proceedings / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, rule 9.5 / rule 13.1 / HELD / wilful breach of  obligation to advise client on eligibility for legal aid / remaining charges established, to at least a reckless level / misconduct charge proved / High Court found miscarriage of justice requiring conviction to be set aside / high end of misconduct spectrum / practitioner previously suspended for 10 months for serious misconduct involving a client who was pressured into a guilty plea / Tribunal ordered practitioner be struck off / practitioner to refund $8,385 to complainant and to pay Standards Committee’s and Tribunal’s costs

[2020] NZEmpC 86 Waste Management Ltd v Jones (Costs Judgment of Judge K G Smith, 18 June 2020) COSTS – consent.

Charges laid under s 91 of the Act. Defendant found guilty of serious misconduct under s 73(c)(iii) of the Act. Order that defendant be censured and fined $2,000, and ordered to pay costs of $1,500.  

Charges laid under s 91 of the Act. Defendant found guilty of misconduct on charge 1 and guilty of unsatisfactory conduct on charge 2. Defendant censured, fined $4,000 and licence suspended for 6 months. Defendant also ordered to provide a written apology to the complainants as well as $5,000 to each of the complainants. Defendant ordered to undertake further education. Decision issued on 20 April 2020 then recalled and reissued on 16 June 2020. See ruling [2020] NZREADT 25. 

[2020] NZEmpC 82 Hong v Chevron Traffic Services Ltd (Costs Judgment of Judge M E Perkins, 11 June 2020) COSTS – GUIDELINE SCALE – no variation made to the guideline scale.

Dishonest or misleading conduct / lack of diligence & due care / complainant married husband twice, once in Samoa & again in New Zealand / adviser advised complainant to conceal Samoan marriage in application / adviser as JP certified police certificate before sighting it, then presented to INZ / adviser filed applications without necessary documents / Immigration Advisers Licensing Act 2007, s50, s51 / concealing marriage serious misconduct but not most egregious seen by tribunal / marriage genuine / no exploitation of vulnerable client / adviser perpetuating lies previously told by clients / adviser not driven by personal gain / certifying document of lesser gravity / document genuine / obligations concerning documents & file management not minor / adviser’s rehabilitation & personal circumstances favoured temporary removal / adviser censured, directed to take refresher course & suspended for 6 months / adviser ordered to pay $2,500 penalty & $7,465 refund of fees to complainant.

Consumer law / Consumer Guarantees Act 1993 / Applicant damaged his vehicle / Respondent agreed to do repair work in 2017 / Respondent asked for $6,000 in advance to cover the costs / In 2020 the work had not been completed / Applicant claimed that the repairs had taken too long and he had suffered loss as a result / Whether there had been any guarantee breaches / Whether the Applicant was entitled to compensation / Held: Respondent had an obligation to complete the work within a reasonable time / Applicant gave the Respondent opportunities to complete the work / Respondent failed to complete work / Respondent required to do no further work on the vehicle and return it / Applicant to pay Respondent $1,500 / Claim allowed