Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 111 Citadel Capital Ltd v Miles (Costs Judgment of Judge Kathryn Beck, 21 June 2024) APPLICATION FOR COSTS ON APPLICATION FOR STAY – GUIDELINE SCALE – lay representatives are entitled to costs in employment jurisdiction - costs awarded.

[2024] NZEmpC 109 LDJ v EZC (Judgment of Judge Kathryn Beck, 19 June 2024) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS FROM THE AUTHORITY – question of law on settlement agreements and mental capacity likely to arise other than incidentally – question of law is potentially novel and important – removal is appropriate – application granted.

[2024] NZEmpC 107 Pacific Insulation Ltd v Lagera & Anor (Interlocutory Judgment (No2) of Judge K G Smith 5 July 2024) APPLICATION TO VARY FREEZING ORDERS – varied by consent

[2024] NZEmpC 105 Watkins v Highmark Homes Ltd (Interlocutory Judgment of Judge Kathryn Beck, 13 June 2024) APPLICATION FOR SECURITY FOR COSTS – risk that costs award would not be able to be complied with – security for costs awarded.

[2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment of Judge M S King, 13 June 2024) APPLICATION FOR STAY – no jurisdiction or basis for a stay – APPLICATION FOR SECURITY FOR COSTS – concern that costs would not be able to be paid – security for costs ordered – GOOD FAITH REPORT – plaintiff failed to participate in Authority investigation – parameters of de novo challenge restricted.

[2024] NZEmpC 101 Auckland One Rail Ltd v Rail and Maritime Transport Union (Interlocutory Judgment of Judge K G Smith, 12 June 2024) APPLICATION FOR INTERIM INJUNCTION – strike notice given – arguable but weak claim that strike notice was not valid – balance of convenience points against interim injunction – application dismissed.  

[2024] NZEmpC 98 Crichton v Dig & Tip Earthworks Ltd (Judgment of Judge J C Holden, 7 June 2024) APPLICATION FOR COMPLIANCE ORDER – record of settlement was not complied with – order made for sums to be paid – costs awarded – interest awarded.

[2024] NZEmpC 94 Pride v Barker (Costs Judgment of Judge M S King, 4 June 2024) COSTS – proceedings were discontinued – plaintiff was self-represented and had no legal training – correctly discontinued case at an early stage – modest costs award.

[2024] NZEmpC 93 Television New Zealand Ltd v E Tū Incorporated (Judgment of Chief Judge Inglis, 31 May 2024) Catchwords: INTERPRETATION OF COLLECTIVE AGREEMENT – REDUNDANCY – collective agreement requires participation with union members beyond normal good faith consultation – employer did not comply with requirement to involve union members at developmental stage of decision making process – compliance order is appropriate in the circumstances – compliance order made.

[2024] NZEmpC 91 (Judgment (No 6) of Judge M S King 28 May 2024) APPLICATION TO DISCHARGE FREEZING AND ANCILLARY ORDERS – APPLICATION TO VARY FREEZING ORDER  - applicant has a good arguable case – evidence defendant misappropriated funds during employment –defendant failed to disclose business interests and dealings – real risk of dissipation of assets – freezing orders not to continue indefinitely – the interests of justice favour the extension of the freezing order – freezing order extended – application by defendant to vary freezing order declined.  

2024] NZEmpC 89 Taia v Ake Innovation Ltd (Interlocutory Judgment of Judge J C Holden, 27 May 2024) APPLICATION FOR EXTENSION OF TIME TO FILE A STATEMENT OF DEFENCE – interests of justice favour granting extension – extension granted.

[2024] NZEmpC 87 Hadfield v Atlas Concrete Ltd (Judgment of Judge Christina Inglis, 23 May 2024) APPLICATION TO EXTEND TIME TO FILE CHALLENGE - delay was a result of procedural hiccup - no prejudice to respondent - application granted.