[2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]
...finding in [143] of the Employment Court decision: „In light of the finding that Ms Clear‟s illness was significantly if not totally caused by the DHB‟s breach of duty to her in respect of the complaints which she made to it awards under sections 123(1)(b) and (c) are justified.‟ [17] The case for the defendant was advanced by Mr Bevan under two limbs. First, counsel submitted that the Court “is required to separate out the loss flowing from the plaintiff‟s pre-existi...