Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 24 CBA v ONM (Costs Judgment of Judge B A Corkill, 10 March 2020) COSTS –GUIDELINE SCALE – various steps discussed in depth – reduction of 30% made for partial success – Calderbank offer was reasonable to reject in the circumstances – the fact that the losing party was a large government organisation does not merit an increase to full scale costs.

[2020] NZEmpC 21 A Labour Inspector v NewZealand Fusion International Ltd (in administration) (Interlocutory Judgment of Chief Judge C Inglis, 3 March 2020) APPLICATION FOR STAY – incomplete information on financial circumstances – bankruptcy would not necessarily prevent rehearing application from proceeding – grounds for application are weak – stay not granted.

[2020] NZEmpC 20 Kohli v Brahmbhatt (Interlocutory Judgment of Judge J C Holden, 2 March 2020) APPLICATION FOR SECURITY FOR COSTS – evidence that company is operating under a new name to avoid payment – application granted - APPLICATION FOR STAY – evidence that the company cannot afford to pay remedies awarded by Authority – stay awarded with condition that full amount is paid to the Court.

[2020] NZEmpC 18 Kenny Omen Ltd v Singh (Stay Judgment of Judge K G Smith, 2 March 2020) Company has been liquidated and liquidators are not interested in the proceeding – proceedings stayed.

[2020] NZEmpC 17 Canterbury Westland Free Kindergarten Assoc Inc v Barnes (Interlocutory Judgment of Chief Judge C Inglis, 27 February 2020) APPLICATION FOR LEAVE TO INTERVENE – dispute involving the interpretation or operation of a collective agreement – union party and Secretary for Education had proper interest in the interpretation of issue – leave granted.

[2020] NZEmpC 14 Thorne v Rolton (Costs Judgment of Judge K G Smith, 26 February 2020) COSTS – COSTS GUIDELINE SCALE.

[2020] NZEmpC 12 Cooper v Phoenix Publishing Ltd (Interlocutory Judgment No.3 of Judge K G Smith, 21 February 2020) APPLICATION FOR WASTED COSTS – costs awarded.

[2020] NZEmpC 10 Holland v OCS Ltd (Oral Judgment of Judge K G Smith, 21 February 2020) PERSONAL GRIEVANCE – TIME LIMITATION – grievance lodged in the Authority outside of the s 114(6) limitation period – challenge cannot proceed.

[2020] NZEmpC 8 Visagie v WorkSafe New Zealand (Judgment of Chief Judge C Inglis, 18 February 2020) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS TO THE COURT – important question of law regarding interpretation of collective agreement – availability of damages for breach of good faith – Authority well placed to deal with the matter – leave

[2020] NZEmpC 6 Dollar King Ltd v Jun (Consent Judgment of Chief Judge C Inglis, 17 February 2020) APPLICATION FOR STAY – CONSENT.

[2020] NZEmpC 4 Innovative Landscapes (2015) Ltd v Popkin (Interlocutory Judgment of Chief Judge C Inglis, 10 February 2020) APPLICATION TO HEAR EVIDENCE AT A DISTANCE – evidence via audio-visual link – Courts (Remote Participation) Act 2010, s 5 – fair trial – application granted.

[2020] NZEmpC 2 A Labour Inspector v Jeet Holdings (Interlocutory Judgment of Judge B A Corkill, 31 January 2020) APPLICATION FOR VARIATION OF A FREEZING ORDER – creditor has security over property – initial freezing order prevented sale of property – order varied to allow sale.

[2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd (Judgment of Judge K G Smith, 20 December 2019) STRIKE OUT – 90 day trial period – whether proper notice was given of dismissal – termination notice referred to clause but not exact period of leave – notice was valid – strike out application successful.