Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 113 Faitala and Vea v The Pacific Island Business Development Trust (Judgment of Judge Helen Doyle, 5 June 2025) CHALLENGE TO OBJECTION TO DISCLOSURE -privilege against self-incrimination - whether Labour Inspector powers to obtain answers to questions affects the existence of privilege against self-incrimination - privilege against self-incrimination remains - disclosure issues determined by equity and good conscience jurisdiction - documents partially privileged.

[2025] NZEmpC 111 Allied Investments Limited v Jones (Judgment of Judge JC Holden 4 June 2025) APPLICATION FOR AVL – application not opposed – application granted.

[2025] NZEmpC 109 Wiles v The Vice-Chancellor of the University of Auckland (Judgment of Judge JC Holden 29 May 2025) COSTS – reasonable to reject confidential and monetary-based Calderbank offer as plaintiff was motivated by matters of principle – plaintiff overall the winning party – scale costs awarded – category 3C to reflect complex pleadings and comprehensive evidence – vindication of principle and substantial actual costs incurred supported uplift – balanced out by defendant’s success on time-consuming issues – costs to lie where they fall on interlocutory matters to reflect mixed success – COSTS ON COSTS – awarded.

[2025] NZEmpC 107 Menzies v Corrigan (Costs judgment of Judge Kathryn Beck, 28 May 2025) COSTS – increased scale costs awarded following discontinuance – behaviour of plaintiff’s representative increased costs

[2025] NZEmpC 104  ACG Education Limited v Jennison (Consent interlocutory judgment of Judge Kathryn Beck, 23 May 2025) CONSENT judgment staying execution of Authority’s determination

[2025] NZEmpC 102 The Secretary for Education v New Zealand Post Primary Teachers' Association Incorporated Te Wehengarua (Judgment of Judge JC Holden 21 May 2025) PRELIMINARY ISSUE – STANDING TO BRING PROCEEDINGS – APPLICATION FOR LEAVE TO BRING PROCEEDINGS – Secretary for Education may raise a dispute about a clause of a collective agreement as a party to that agreement in accordance with s 129 ER Act – s 129 not to be read down by s 591(b) Education Training Act – Secretary requires leave to bring proceedings in relation to s 26(3) ER Act as per s 29 – leave granted under s 29(f) – Secretary has legitimate interest in paid union meeting arrangements which may affect education service delivery

[2025] NZEmpC 100 Harte v Te Whatu Ora - Health New Zealand (Interlocutory Judgment of Judge Kathryn  Beck, 16 May 2025 NON-PUBLICATION – application for non-publication orders over names of eight witnesses – interim orders made as Authority made permanent non-publication orders – no specific adverse consequences identified by applicant – no basis to order permanent non-publication orders at this time

[2025] NZEmpC 98 The Chief Executive of Oranga Tamariki - Ministry for Children v Hill (Judgment of Judge M S King, 16 May 2025) NON DE NOVO CHALLENGE – UNJUSTIFIED DISMISSAL – USE OF FORCE – SELF-DEFENCE – employee dismissed after using force against rangatahi in youth justice residence – whether employee acted in self-defence – test for self-defence in Crimes Act 1961 applies for disciplinary purposes as referred to in training materials – employee believed themselves to be at risk of harm – employee used force to defend themselves – not reasonable for employee to use force – reasonable alternatives to force available – context of youth justice residence – same conclusion even if Crimes Act does not apply – Authority erred in its application of test for self-defence – employee not justified in using force in self-defence – Authority did not err in its use of previous decisions – Authority entitled to reach different view of facts and application of law to facts as compared to previou…

[2025] NZEmpC 95 Victoria Jeon (AKA Jong Ai Park) as Trustee of the Jesus Aroma Church Trust v Labour Inspector (Consent Judgment of Judge K G Smith 15 May 2025) CHALLENGE – CONSENT – MINIMUM ENTITLEMENTS – PENALTIES – Labour Inspector and employer settled challenge by consent – identity of employer agreed – employer to pay wage arrears and holiday pay along with interest – employer to repay premiums along with interest – employer to pay penalties to Crown – Authority determination set aside

[2025] NZEmpC 93 CG v Calendar Girls NZ Ltd (Judgment of Judge Helen Doyle 13 May 2025) APPLICATION FOR INTERIM NON-PUBLICATION - safety and professional reputation concerns if names are publicised - application is not futile - application granted - APPLICATION FOR AUDIO-VISUAL LINK - concerns can be mitigated via strict adherence to Court guidelines - application granted - CHALLENGE TO OBJECTION TO DISCLOSURE - relevance and proportionality - some documents to be disclosed.

[2025] NZEmpC 91 LDJ v EZC (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 9 May 2025) LITIGATION GUARDIAN – CAPACITY – SUFFICIENT INSTRUCTIONS – counsel raised concerns about whether plaintiff has capacity to give sufficient instructions – medical and other evidence indicates that plaintiff is able to understand issues – medical and other evidence establishes that plaintiff is unable to properly exercise sound judgement and reasoning in relation to issues – plaintiff not able to give sufficient instructions – plaintiff is incapacitated – litigation guardian appointed – no conditions placed on appointment

[2025] NZEmpC 89 Labour Inspector v Dao (Judgment (No 4) of Judge Beck, 6 May 2025) FREEZING ORDERS – ANCILLARY ORDERS – VARIATION – CONTINUATION – unclear whether assets held by trust are realisable – further ancillary orders made to assess value of accounts of respondents – not necessary to order disclosure of bank statements – freezing orders continued

[2025] NZEmpC 87 ELG v KLE (Judgment No7 of KG Smith 2 May 2025) NON-PUBLICATION – non-publication orders not necessary to protect sensitive commercial information – non-publication orders not necessary to protect employment prospects of respondent – non-publication orders necessary to protect confidentiality of settlement agreement signed by parties – non-publication orders made over parties and witnesses – first search order judgment redacted in part