Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 166 E Tū Inc v Singh (Interlocutory Judgment of Chief Judge Christina Inglis, 2 October 2023) NON-PUBLICATION – interim non-publication ordered.

[2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Interlocutory Judgment of Judge Kathryn Beck, 2 October 2023) STRIKE OUT – strike out application unsuccessful – SECURITY FOR COSTS – employer ordered to pay security for costs of $7,500 to Labour Inspector – STAY OF EXECUTION – stay of execution granted on condition of security for costs being paid – NON-PUBLICATION – application for non-publication unsuccessful.

[2023] NZEmpC 162 Birthing Centre Ltd v Matsas (Judgment of Judge B A Corkill, 27 September 2023) ACCESS TO INFORMATION – CONFIDENTIALITY – meaning of proposal – meaning of good reason – good reason to be considered in light of s 103A – employer failed to sufficiently consider whether to provide information to employees or unions – UNJUSTIFIED DISMISSAL – no waiver of notice period – no mutual termination of employment – employees were dismissed – employees were not consulted – dismissal was unjustified – NOTICE – employer failed to provide notice – entitlement to payment in lieu crystallised on dismissal – mitigation not required where entitlement is payable on dismissal.

[2023] NZEmpC 160 A Labour Inspector of the Ministry of Business, Innovation, and Employment v Airways Corp of New Zealand Ltd (Consent Judgment of Judge B A Corkill, 25 September 2023) CONSENT – LIMITATION – judgment by consent – agreement that Court has no jurisdiction to consider claim given statutory limitation period.

[2023] NZEmpC 158 Turner v Te Whatu Ora – Health New Zealand (Judgment of Judge J C Holden, 21 September 2023) UNJUSTIFIABLE DISADVANTAGE – UNJUSTIFIABLE DISMISSAL – suspension justifiable to conduct investigation – employer entitled to investigate concerns and consider private Facebook posts – no discrimination for religious or political beliefs – New Zealand Bill of Rights Act 1990 does not protect employee from disciplinary action – dismissal was justifiable.

[2023] NZEmpC 155 E Tū Inc v Singh (Consent Judgment of Chief Judge Christina Inglis, 18 September 2023) APPLICATION FOR STAY– conditional on payment into Court and challenge is to be pursued diligently – granted by consent. Judgment reissued with new judgment number [2023] NZEmpC 172 and dated 4 October 2023.

[2023] NZEmpC 154 Chain & Rigging Supplies Ltd v Nikorima (Judgment (No 4) of Judge B A Corkill, 15 September 2023) APPLICATION FOR NON-PUBLICATION ORDER – permanent non-publication granted for third party former employee – not necessary for non-publication order in regard to contents of earlier judgment – interim non-publication orders lifted – application partially granted.

[2023] NZEmpC 152 Halse v Hamilton City Council (Costs Judgment of Judge J C Holden, 12 September 2023) COSTS – scale costs awarded – uplift of approximately 50 per cent ordered as a result of clearly futile application. 

[2023] NZEmpC 150 KN v New Zealand Steel Ltd (Interlocutory Judgment of Judge Kathryn Beck, 7 September 2023) APPLICATION FOR NON-PUBLICATION - interim non-publication extended for plaintiff until substantive hearing - permanent non-publication granted for third party former employee.

[2023] NZEmpC 147 Reddy v Employment Relations Authority (Judgment of Judge J C Holden, 6 September 2023) APPLICATION FOR JUDICIAL REVIEW – judicial review not available under s 184 – application declined.

[2023] NZEmpC 146 A Labour Inspector v ZAQ Ltd (Judgment of Judge J C Holden, 1 September 2023) APPLICATION FOR FREEZING AND ANCILLARY ORDERS – good arguable case that assets are at risk of dissipation – Labour Inspector is not required to file undertaking as to damages - application granted.

[2023] NZEmpC 144 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment of Judge B A Corkill, 30 August 2023) APPLICATION FOR LEAVE TO RAISE PERSONAL GRIEVANCES OUT OF TIME – exceptional circumstances – so affected or traumatised – exposed to multiple traumatic events, significant workload and workplace stress – plaintiffs’ accounts to medical practitioners credible – PTSD was correct diagnosis – no identifiable event causing PTSD  – traumatic conditions precluded raising earlier and were causative of delay – just to grant leave – application granted – parties to use mediation to seek to mutually resolve the grievances – NON-PUBLICATION – granted.