[2024] NZEmpC 113 Xu v Pioneer Education & Immigration Services Group Ltd (Consent Interlocutory Judgment of Judge Kathryn Beck, 24 June 2024) APPLICATION FOR SECURITY FOR COSTS – consent.
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[2024] NZEmpC 113 Xu v Pioneer Education and Immigration Services Group Limited [PDF, 151 KB] -
2024] NZEmpC 112 Wehellage v J & T Civil Works Ltd [PDF, 103 KB] [2024] NZEmpC 112 Wehellage v J & T Civil Works Ltd T/A J & T Earthmovers (Consent Judgment of Judge K G Smith, 21 June 2024) CONSENT.
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[2024] NZEmpC 111 Citadel Capital Ltd v Miles [PDF, 193 KB] [2024] NZEmpC 111 Citadel Capital Ltd v Miles (Costs Judgment of Judge Kathryn Beck, 21 June 2024) APPLICATION FOR COSTS ON APPLICATION FOR STAY – GUIDELINE SCALE – lay representatives are entitled to costs in employment jurisdiction - costs awarded.
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[2024] NZEmpC 110 Herrett v Eco Frame and Mirror Limited [PDF, 219 KB] [2024] NZEmpC 110 Herrett v Eco Frame and Mirror Ltd (Costs Judgment of Judge Kathryn Beck, 20 June 2024) COSTS – GUIDELINE SCALE – costs awarded.
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[2024] NZEmpC 109 LDJ v EZC [PDF, 249 KB] [2024] NZEmpC 109 LDJ v EZC (Judgment of Judge Kathryn Beck, 19 June 2024) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS FROM THE AUTHORITY – question of law on settlement agreements and mental capacity likely to arise other than incidentally – question of law is potentially novel and important – removal is appropriate – application granted.
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[2024] NZEmpC 108Ford v Henry Brown & Co Ltd [PDF, 179 KB] [2024] NZEmpC 108 Ford v Henry Brown and Company Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 18 June 2024) APPLICATION TO PARTICIPATE AT HEARING VIA AUDIO-VISUAL LINK - giving evidence in person would be disproportionately costly and disruptive - application granted.
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[2024] NZEmpC 106 TVNZ Ltd v Etu Inc [PDF, 170 KB] [2024] NZEmpC 106 TVNZ Ltd v Etu Inc (interlocutory judgment of Chief Judge Christina Inglis, 14 June 2024) APPLICATION FOR ACCESS TO COURT DOCUMENTS – transcript to be used for reporting on proceedings – application granted on conditions.
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[2024] NZEmpC 105 Watkins v Highmark Homes Ltd Interlocutory Judgment [PDF, 281 KB] [2024] NZEmpC 105 Watkins v Highmark Homes Ltd (Interlocutory Judgment of Judge Kathryn Beck, 13 June 2024) APPLICATION FOR SECURITY FOR COSTS – risk that costs award would not be able to be complied with – security for costs awarded.
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[2024] NZEmpC 104 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [PDF, 304 KB] [2024] NZEmpC 104 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc (Judgment of Judge K G Smith, 13 June 2024) APPLICATION FOR STRIKE OUT – legality of strike notice is moot because strike already occurred – no reason to exercise discretion to consider application despite mootness – proceedings struck out - APPLICATION FOR JOINDER – no joinder required because proceedings are struck out.
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[2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment [PDF, 231 KB] [2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment of Judge M S King, 13 June 2024) APPLICATION FOR STAY – no jurisdiction or basis for a stay – APPLICATION FOR SECURITY FOR COSTS – concern that costs would not be able to be paid – security for costs ordered – GOOD FAITH REPORT – plaintiff failed to participate in Authority investigation – parameters of de novo challenge restricted.
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[2024] NZEmpC 102 C v P [PDF, 195 KB] [2024] NZEmpC 102 C v P (Judgment of Judge B A Corkill, 12 June 2024) APPLICATION FOR NON-PUBLICATION – technical issues with removing judgments from other platforms – judgments anonymised.
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[2024] NZEmpC 101 Auckland One Rail Limited v Rail and Maritime Transport Union [PDF, 286 KB] [2024] NZEmpC 101 Auckland One Rail Ltd v Rail and Maritime Transport Union (Interlocutory Judgment of Judge K G Smith, 12 June 2024) APPLICATION FOR INTERIM INJUNCTION – strike notice given – arguable but weak claim that strike notice was not valid – balance of convenience points against interim injunction – application dismissed.
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[2024] NZEmpC 100 YQO v MYN - (Interlocutory Judgment of Chief Judge Inglis, 12 June 2024) [PDF, 170 KB] 2024] NZEmpC 100 YQO v MYN (Interlocutory Judgment of Chief Judge Christina Inglis, 12 June 2024) APPLICATION FOR INTERIM NON-PUBLICATION ORDERS – interim orders made to preserve Authority orders.
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[2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [PDF, 257 KB] [2024] NZEmpC 98 Crichton v Dig & Tip Earthworks Ltd (Judgment of Judge J C Holden, 7 June 2024) APPLICATION FOR COMPLIANCE ORDER – record of settlement was not complied with – order made for sums to be paid – costs awarded – interest awarded.
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[2024] NZEmpC 96 Tech 5 Recruitment Ltd v Winders [PDF, 148 KB] [2024] NZEmpC 96 Tech 5 Recruitment Ltd v Winders (Consent Judgment of Judge Holden, 6 June 2024) SEQUESTRATION ORDER MADE BY CONSENT.
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[2024] NZEmpC 94 Pride v Barker and ors [PDF, 173 KB] [2024] NZEmpC 94 Pride v Barker (Costs Judgment of Judge M S King, 4 June 2024) COSTS – proceedings were discontinued – plaintiff was self-represented and had no legal training – correctly discontinued case at an early stage – modest costs award.
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[2024] NZEmpC 95 Courage & Ors-Pilgrim & Ors v Attorney-General & Ors [PDF, 177 KB] [2024] NZEmpC 95 Courage v Attorney-General (Interlocutory Judgment (No 14) of Chief Judge Christina Inglis, 5 June 2024) APPLICATION TO ACCESS COURT DOCUMENTS - documents are sought for a legitimate purpose – access is in interests of justice – application granted
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[2024] NZEmpC 92 Glenfield College BOT & Ors v Anderson - Interlocutory Judgment (No 3) [PDF, 172 KB] 2024] NZEmpC 92 Glenfield College Board of Trustees v Anderson (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 31 May 2024) Application as to admissibility of evidence
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[2024] NZEmpC 93 Television New Zealand Ltd v E Tu Incorporated [PDF, 327 KB] [2024] NZEmpC 93 Television New Zealand Ltd v E Tu Incorporated (Judgment of Chief Judge Inglis, 31 May 2024) Catchwords: INTERPRETATION OF COLLECTIVE AGREEMENT – REDUNDANCY – collective agreement requires participation with union members beyond normal good faith consultation – employer did not comply with requirement to involve union members at developmental stage of decision making process – compliance order is appropriate in the circumstances – compliance order made.
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[2024] NZEmpC 89 Taia v Ake Innovation Ltd [PDF, 177 KB] 2024] NZEmpC 89 Taia v Ake Innovation Ltd (Interlocutory Judgment of Judge J C Holden, 27 May 2024) APPLICATION FOR EXTENSION OF TIME TO FILE A STATEMENT OF DEFENCE – interests of justice favour granting extension – extension granted.
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[2024] NZEmpC 88 Henderson Travels Ltd v Kaur [PDF, 232 KB] [2024] NZEmpC 88 Henderson Travels Ltd (in liq) v Kaur (Interlocutory Judgment (No 3) of Judge K G Smith, 24 May 2024) APPLICATION TO JOIN PARTY FOR COSTS PURPOSES – company director promised related company could be liable for costs – related company joined for costs.
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[2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [PDF, 168 KB] [2024] NZEmpC 87 Hadfield v Atlas Concrete Ltd (Judgment of Judge Christina Inglis, 23 May 2024) APPLICATION TO EXTEND TIME TO FILE CHALLENGE - delay was a result of procedural hiccup - no prejudice to respondent - application granted.
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[2024] NZEmpC 86 Chief of the New Zealand Defence Force v YFX [PDF, 144 KB] [2024] NZEmpC 86 Chief of the New Zealand Defence Force v YFX (Consent Judgment of Judge B A Corkill, 21 May 2024) CONSENT.
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[2024] NZEmpC 84 E tu Inc v Singh [PDF, 378 KB] [2024] NZEmpC 84 Singh v E Tu Inc (Judgment of Chief Judge Christina Inglis, 21 May 2024) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – disciplinary process was rushed – reasons for dismissal were unclear – identity of decision maker was unclear – employee did not have adequate opportunity to respond – dismissal was unjustifiable – compensation awarded – lost wages awarded – no reduction for contribution.
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[2024] NZEmpC 83 Caisteal An Ime Ltd v A Labour Inspector Costs. [PDF, 224 KB] [2024] NZEmpC 83 Caisteal An Ime Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Costs Judgment of Judge K G Smith, 20 May 2024) COSTS – GUIDELINE SCALE – in-house counsel – employed lawyer exception – costs awarded.