Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 123 Wiles v University of Auckland (Judgment of Judge J C Holden 8 July 2024) DISADVANTAGE – BREACH OF CONTRACT – GOOD FAITH – HEALTH AND SAFETY – ACADEMIC FREEDOM – TREATY OF WAITANGI – employee experienced harassment as a result of her work for University – University breached health and safety obligations by failing to provide adequate protection and support – University should have moved more quickly – employee was disadvantaged by University’s failures – University did not act in good faith and engaged in a way that was combative rather than supportive – University did not impede academic freedom of employee – individual staff members do not have treaty obligations – even if they do have treaty obligations, the employee was not prevented from complying with any such obligations – general damages/compensation of $20,000 ordered – no penalties ordered – no recommendations made

[2023] NZEmpC 159 Wiles v The Vice-Chancellor of the University of Auckland (Interlocutory Judgement (No 4) of Judge J C Holden, 22 September 2023) COMPLIANCE – application for compliance in relation to discovery orders – substance of discovery orders complied with – application unsuccessful.

[2023] NZEmpC 45 Wiles v The Vice-Chancellor of the University of Auckland (Interlocutory Judgment (No 2) of Judge J C Holden, 20 March 2023) APPLICATION FOR LEAVE TO FILE AMENDED PLEADINGS – application partially granted - APPLICATIONS FOR NON-PUBLICATION ORDERS – personal information of other staff members should be kept confidential – interim non-publication orders made regarding safety report and implementation plan – no basis for non-publication orders in regard to other matters - APPLICATION TO EXCLUDE EVIDENCE – expert evidence should not be legal submissions – lack of independence goes to weight given to the evidence – application partially granted.

[2022] NZEmpC 140 Wiles v The Vice-Chancellor of the University of Auckland (Interlocutory Judgment of Judge J C Holden, 9 August 2022) AMENDED STATEMENT OF CLAIM – EVIDENCE – ADMISSIBILITY – statement of claim permitted to be amended – particulars updated – no new causes of action added – expert opinion evidence admissible – evidence of law and interpretation of contracts inadmissible – permission given to re-file brief of evidence.

[2020] NZEmpC 84 BEO v Vice-Chancellor of the University of Auckland (Judgment of Judge J C Holden, 16 June 2020) APPLICATION TO SET ASIDE APPEARANCE UNDER PROTEST TO JURISDICTION – whether Authority’s preliminary determination could be challenged – Authority did not make a substantive finding but rather demonstrated a step in its reasoning – Court does not have jurisdiction to hear a challenge - APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS TO COURT – Authority is well placed to conduct the investigation – no important issues of law arise – nature and urgency do not make removal in the public interest – application fails.

[2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland - (Judgment of Judge Christina Inglis, 30 September 2015)  INTERPRETATION OF CLAUSE IN COLLECTIVE AGREEMENT – whether words of agreement meant that Vice-Chancellor could not make an amendment to policy without agreement of union – contract interpretation principles summarised – place of extrinsic materials considered – Vice-Chancellor may amend policy without agreement once participatory process is completed.

O'Connor v Auckland University Students Association costs, judgement of Judge B Corkill

OConnor v Auckland University Students Assoc Inc interlocutory

Buchanan v Vice-Chancellor of the University of Auckland - judgment of Chief Judge G L Colgan.