Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 49 Maritime Union of New Zealand Inc v ISO Ltd (Interlocutory Judgment of Judge K G Smith, 22 April 2020) APPLICATION TO STRIKE OUT A PLAINTIFF – whether Union has standing when there is no collective agreement – Union is not “affected” under s 137(4)(a) and therefore does not have standing – union struck out - APPLICATION TO JOIN A PLAINTIFF – whether other employee can be joined as plaintiff – contracts were materially the same – plaintiff joined under s 221.

[2020] NZEmpC 47 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Costs Judgments of Judge K G Smith, 21 April 2020) COSTS – GUIDELINE SCALE – change in daily rate for part of proceedings.

[2020] NZEmpC 45 Williams v Rural Livestock Ltd (Stay Judgment of Judge K G Smith, 16 April 2020) APPLICATION FOR STAY – plaintiff has pending criminal  charges – delay caused by COVID-19 – stay granted.

[2020] NZEmpC 44 Hong v Chevron Traffic Services Ltd (Judgment of Judge M E Perkins, 15 April 2020) UNJUSTIFIABLE DISMISSAL – SERIOUS MISCONDUCT – employer’s investigation and conclusion were reasonable – dismissal was justifiable – PENALTIES – company was in breach of holiday pay entitlements for casual workers – breach was accidental and does not merit a penalty.

[2020] NZEmpC 42 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment of Chief Judge C Inglis, 14 April 2020) APPLICATION FOR SECURITY FOR COSTS – plaintiff filed a challenge to Authority’s decision not to reopen its investigation – plaintiff does not currently reside in New Zealand – merits of the challenge are weak – plaintiff’s past conduct causes concern about validity of challenge – security for costs ordered.

[2020] NZEmpC 39 Metropolitan Glass & Glazing Ltd v Labour Inspector (Judgment of the full Court, 14 April 2020) ANNUAL HOLIDAYS – INCENTIVE PAYMENTS – whether the company’s short term incentive scheme should be counted under gross earnings – scheme was described as discretionary and was argued to be separate to employment agreements – scheme was actually incorporated into the agreement and had contractual force –description of scheme as discretionary is not relevant – CLOSEDOWN PERIOD – employee’s entitlements when not entitled to annual leave during a closedown period – statute allows only one approach – company was not following that approach.

[2020] NZEmpC 37 Kang v Lee (Reasons Judgment of Judge K G Smith, 27 March 2020) FREEZING ORDER – ANCILLARY ORDER – orders previously granted – director of employer company alleged to be liable for unpaid wages and holiday pay – director allegedly needed to travel to South Korea – test for granting freezing order considered.

[2020] NZEmpC 35 Arachige v Rasier New Zealand Ltd (Interlocutory Judgment of Judge J C Holden, 19 March 2020) APPLICATION TO ADJOURN HEARING – COVID-19 travel restrictions prevent defendants from attending hearing – interests of justice require adjournment – adjournment granted.

[2020] NZEmpC 33 Carrigan v Attorney-General (Interlocutory Judgment of Chief Judge C Inglis, 17 March 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE PLEADINGS – APPLICATION FOR LEAVE TO APPEAR AS INTERVENOR – New Zealand Council of Trade Unions requested to intervene – no objection by either party – application granted - New Zealand Human Rights Council given extension to file an application to intervene.

[2020] NZEmpC 31 Zara’s Turkish Ltd v Kocaturk (Interlocutory Judgment of Judge K G Smith, 13 March 2020) APPLICATION FOR NON-PARTY DISCOVERY – immigration files sought from Immigration New Zealand – parts of discovery sought are too broad and amount to fishing, or are irrelevant – application partially granted.

[2020] NZEmpC 29 Maharaja India Ltd v A Labour Inspector (Judgment of Judge B A Corkill, 12 March 2020) APPLICATION FOR STRIKE OUT – employer had no standing to challenge Authority determination because he was bankrupt – Official Assignee had no interest in the challenge – proceedings struck out.

[2020] NZEmpC 27 Labour Inspector (MacRury) v Cypress Villas Ltd (Judgment of Judge M E Perkins, 11 March 2020) PENALTIES – LIABILITY OF COMPANY DIRECTOR UNDER S 234 -  no evidence that director had knowledge of employment entitlement breaches -  director cannot be found to be jointly liable – action by the Labour Inspector dismissed.

[2020] NZEmpC 25 Sexton v Lowe (Judgment of Judge J C Holden, 10 March 2020) NATURE OF EMPLOYMENT – whether worker was an employee or a contractor – worker had already obtained a judgment from the Disputes Tribunal on the basis of being a contractor – claim against the company amounts to an abuse of process and cannot proceed – evidence pointed to a contracting relationship between the worker and Mr Lowe.