Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 195 PIC Insurance Brokers Ltd v Pepper (Judgment of Judge Kathryn Beck, 9 November 2023) APPLICATION FOR PRE-COMMENCEMENT DISCOVERY – applicant has a potential claim – documents are necessary to pursue claim – application granted.

[2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd (Judgment of Chief Judge Christina Inglis, 8 November 2023) INTERPRETATION OF COLLECTIVE AGREEMENT - LONG SERVICE LEAVE - employee joined collective agreement after 15th anniversary date - whether employee is entitled to long service leave - employee is entitled to long service leave after 15 years continual service, regardless of whether they were covered on anniversary date.

[2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd (Judgment of Judge J C Holden, 3 November 2023) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – investigation process was flawed – dismissal was unjustifiable – REMEDIES – employee contributed to dismissal by health and safety breach – remedies reduced by 20% for contribution reinstatement not practicable or reasonable – compensation and lost wages awarded with reduction.

[2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd (Judgment of Judge J C Holden, 3 November 2023) PERSONAL GRIEVANCE – whether plaintiff was a “person intending to work” – offer of employment was conditional and condition was not satisfied – defendant never had intention to be legally bound – plaintiff was not a “person intending to work” – challenge dismissed.

[2023] NZEmpC 186 A Labour Inspector of the Ministry of Business, Innovation and Employment v ZAQ Ltd (Judgment (No 5) of Judge J C Holden, 31 October 2023) APPLICATION FOR EXTENSION OF FREEZING ORDERS – application granted.

[2023] NZEmpC 183 Jindal v RKM Smith Enterprises Ltd (Judgment of Judge K G Smith, 30 October 2023) APPLICATION FOR PENALTIES FOR BREACH OF COMPLIANCE ORDER – compliance order was breached – breach was deliberate and wilful - $5,000 fine awarded.

[2023] NZEmpC 182 Pact Group v Robinson (Costs Judgment of Chief Judge Christina Inglis, 27 October 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 180 HelloWorld Travel Services (NZ) Ltd v Unsworth (Judgment of Judge Kathryn Beck, 25 October 2023) UNJUSTIFIABLE DISMISSAL – REDUNDANCY – NON-DE NOVO CHALLENGE - Authority was correct in finding that redundancy process was unfair and decision was predetermined – flaws were not minor or inconsequential – dismissal was unjustifiable – redundancy compensation did not impact appropriate remedies - Authority did not make error in determination of remedies.

[2023] NZEmpC 178 Downer New Zealand Ltd v King (Judgment (No 4) of Judge K G Smith, 17 October 2023) APPLICATION TO ADJOURN AND CONTINUE AND RENEW ORDERS – consent.

[2023] NZEmpC 176 Carrington Resort Jade LP v Roy (Interlocutory Judgment (No 3) of Judge J C Holden, 12 October 2023) APPLICATION FOR RECALL OF INTERLOCUTORY JUDGMENT – no grounds for a recall – interests of justice do not require a recall – application declined.

[2023] NZEmpC 174 Hilford v Whangārei Boys’ High School Board of Trustees (Judgment of Judge B A Corkill, 5 October 2023) NON-PUBLICATION – non-publication ordered in respect of third parties.

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

[2023] NZEmpC 170 FGH v RST (Costs Judgment of Judge B A Corkill, 4 October 2023) COSTS – costs in respect of third cause of action lie where they fall – costs awarded for first and second causes of action – no reduction for an alleged “offer to settle” via arbitration and mediation – no access to justice issue under New Zealand Bill of Rights Act 1990 s 27 – conventional costs principles apply – reduction for hardship.