Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 226 Glenfield College BOT & Ors v Anderson (Judgment of Chief Judge Inglis, 22 November 2024)PERSONAL GRIEVANCE - UNJUSTIFIABLE CONSTRUCTIVE DISMISSAL - REDUNDANCY - reducing employee's hours by almost 50% triggered redundancy provision - resulting resignation was constructive dismissal - remedies awarded

[2024] NZEmpC 224 Kongbang v Lotus Touch Ltd (Interlocutory judgment of Judge Beck, 22 November 2024) PROTEST TO JURISDICTION – LEAVE TO RECOVER MONEY – application for orders setting aside appearance protesting jurisdiction – proceedings involve claim of secondary liability against director of employer – leave from Authority or Court required to recover money – liability only arises on leave being granted – employee followed proper process in seeking leave to make recovery – Court has jurisdiction to make orders sought.

[2024] NZEmpC 222  Courage & Ors v The Attorney-General & Ors  (Judgment (No 2) of Chief Judge Inglis, 21 November 2024) EMPLOYER IDENTITY - Overseeing Shepherd exercised ultimate control over employees - Overseeing Shepherd was employer – there may be other joint or additional employers but that issue cannot be determined at this stage (lack of clarity because of complex operational structure; companies removed from Companies Register after claim filed but before determined).

[2024] NZEmpC 220 Very Nice Productions Limited v Ormond (Interlocutory Judgment of Judge King, 19 November 2024) SECURITY FOR COSTS – plaintiff acknowledges impecuniosity – merits of case uncertain – plaintiff’s financial circumstances not caused by defendant – no evidence that an order for security would impact plaintiff’s ability to pursue challenge – no evidence of bad faith – balance of convenience favours security for costs – full sum of likely costs could bring proceedings to end – security of $10,000 ordered

[2024] NZEmpC 218 Channel Infrastructure NZ Limited v Holroyd  (Interlocutory judgment of Judge Beck, 15 November 2024) STAY OF EXECUTION – stay of Authority determination ordered by consent

[2024] NZEmpC 216 Hill v Cookright Filtering Services Ltd (Interlocutory Judgment of Judge K G Smith, 13 November 2024) STAY – stay ordered by consent while parties attend judicial settlement conference

[2024] NZEmpC 214 Taia v Ake Innovation Ltd (Consent judgment of Judge Beck, 6 November 2024) CONSENT FOLLOWING JSC

[2024] NZEmpC 212 Kavallaris v Inframax Construction Ltd (Judgment of Judge King, 6 November 2024) INTERIM REINSTATEMENT – UNJUSTIFIED DISMISSAL – PROTECTED DISCLOSURE – AGENCY – representative of employee emailed third party with information about personal grievance – employee dismissed for breaching confidentiality and bringing employer into disrepute – employee responsible for email sent by representative – serious question to be tried as to whether the email was a protected disclosure – whether third party was an appropriate authority – whether email was sent in good faith – serious question to be tried as to whether employer retaliated or had ulterior motive – serious question to be tried as to whether employer investigated sufficiently – employee’s case not strong even though serious question to be tried – not serious arguably that employee would be reinstated on a permanent basis – balance of convenience and overall justice favours employer

[2024] NZEmpC 209 Whare Manaaki Inc v Anderson and Ors (Judgment of Judge Holden 5 November 2024 APPLICATION FOR FREEZING AND ANCILLARY ORDERS – good arguable case – assets within the jurisdiction – only limited evidence and speculation of a risk of dissipation – insufficient risk that the former employees will abscond – interests of justice and balance of convenience do not support the orders – application declined.

[2024] NZEmpC 208 Allied Investments Limited v Jones (Interlocutory Judgment of Chief Judge Inglis, 4 November 2024) :APPLICATION FOR STAY – APPLICATION FOR URGENCY – interim stay ordered

[2024] NZEmpC 206 Ford v Henry Brown & Co Limited (Costs Judgment (No 2) of Chief Judge Inglis, 31 October 2024) COSTS IN THE AUTHORITY – consent

[2024] NZEmpC 204 Joyce v Ultimate Siteworks Ltd (consent judgment of Judge Holden, 29 October 2024) CATCHWORDS COSTS – concerns were raised about the conduct of the advocate for the unsuccessful party – the advocate’s conduct sits outside the issue of costs – four interlocutory matters are costs neutral due to mixed success – Calderbank offers were unreasonably rejected – actual costs less than scale costs so actual costs awarded – CONDUCT OF REPRESENTATVIES –  there is no right of appearance for a representative – the Court may prevent a representative from continuing with a proceeding where the circumstances require.

[2024] NZEmpC 203 Soundhomes NZ Limited v Doughty (No 3) (Judgment of Judge Corkill, 25 October 2024) CONSENT – freezing order extended by consent.