Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 254 Raravula v Northern Rescue Helicopter Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 28 November 2025) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – Council of Trade Unions is fundamentally concerned about issues of human rights for workers, including discrimination – challenge will be hard by the full Court – application not opposed – application granted

[2025] NZEmpC 252 Wilson v Chief Executive of Inland Revenue Department (Consent Interlocutory Judgment of Judge Helen Doyle, 28 November 2025) APPLICATIONS FOR STAY - CONSENT

[2025] NZEmpC 248 Wētā Fx Ltd v Cullen (judgment of Judge JC Holden 25 November 2025) CONSENT – application for an interim injunction and other orders discharged by consent

[2025] NZEmpC 246 Lanigan v Fonterra Brands (New Zealand) Ltd (Interlocutory judgment (No 6) of Judge Helen Doyle 17 November 2025).APPLICATION FOR FURTHER AND BETTER DISCLOSURE – whether redactions in documents were appropriate – redactions were covered by litigation privilege and legal advice privilege – redacted information is not relevant – application declined.

[2025] NZEmpC 243 Rural Practice Ltd and Abdul Jabbar v A Labour Inspector of the Ministry of Business, Innovation and Employment  (Judgment of Judge Holden, 11 November 2025) COSTS – revised scale costs sought and awarded

[2025] NZEmpC [2025] NZEmpc 241 Jenner v Corrections Assoc of New Zealand Inc (No 2) (Judgment of Judge Beck, 7 November 2025) APPLICATION FOR JUDICIAL REVIEW – union constitution allows for removal from office for just cause ­– executive committee of the union proposed to remove vice president from office for just cause ­– proposed actions of union justiciable– proposal to remove applicant not a preliminary or investigatory process – proposed actions amenable to judicial review where breach of natural justice and errors of law alleged – dispute over interpretation of just cause ­– democratic structure of union and statutory purpose consistent with just cause being a high threshold for removal – just cause must be consistent with rights and freedoms contained in NZBORA – union interpretation of just cause was an error in law– correct interpretation of constitution does not permit union to unilaterally determine just cause –breaches of natural justice in relation to notice cured by lega…

[2025] NZEmpC 239 VSL v ZSM Limited (Interlocutory Judgment (No 3) of Chief Judge Inglis, 5 November 2025)

2025] NZEmpC 236 Smart Sushi Northwest Limited and other(s) v A Labour Inspector of the Ministry of Business Innovation and Employment (Judgment of Judge M S King, 31 October 2025) NON-DE NOVO CHALLENGE – MINIMUM ENTITLEMENTS – HOLIDAY PAY - OBJECTION TO IMPROVEMENT NOTICE - employer incorrectly paid annual leave and alternative holiday leave –practice of paying out all annual holiday leave and alternative holidays in advance – improvement notices issued to remedy breaches - employer seeks set off or credit for previous payments for the purposes of remediation –set off not available for previously made incorrect payments – previous payments made without agreement and in breach of the Holidays Act 2003 – previous payments extinguished employees’ entitlement to paid holiday leave and alternative holidays -  incorrect payments do not discharge an employer’s obligation to fulfil minimum entitlements in full – concerns of double payment and windfall mitigated by employers ability to bring c…

[2025] NZEmpC 233 Corrections Association of New Zealand Inc v Jenner (Interlocutory judgment of Judge Beck, 31 October 2025) APPLICATION FOR LEAVE TO FILE FURTHER SUBMISSIONS – submissions the respondent seeks to introduce are not new – sufficient opportunity given to present submissions – no exceptional circumstances identified – overall justice does not support application being granted – application denied.

[2025] NZEmpC 230 Aguirre v KAH New Zealand Ltd (judgment of Judge Holden, 29 October 2025) CATCHWORDS SECURITY FOR COSTS – plaintiff resident outside of New Zealand – drawn out proceedings – student status suggests limited financial capacity – modest security ordered in the interests of justice

[2025] NZEmpC 225 The Secretary for Education v New Zealand Post-Primary Teachers' Assoc Te Wehengarua (judgment of Judge Joanna Holden, 16 October 2025) CONSENT – orders varied by consent

[2025] NZEmpC  223 McGearty v Air New Zealand Ltd (Judgment of Judge Kathryn Beck, 14 October 2025) DE NOVO CHALLENGE – UNJUSTIFIED DISADVANTAGE – DISCRIMINATION – AGE DISCRIMINATION – employee subject to international age restrictions as a pilot – age restriction considered a genuine occupational qualification – collective agreement provided options upon reaching age threshold – employee unable to continue as captain on the B777 – disadvantage and discrimination claimed – collective agreement required employer to make inquiry – employer failed to inquire and placed employee on leave without pay – unjustified disadvantage grievance established – employer failed to make reasonable adjustments to enable employee to continue flying as captain on B777 – adjustments would not have caused unreasonable disruption – individual human rights diverged from collective interest – legal compliance with anti-discrimination obligations is paramount – employee not estopped from bringing personal grieva…

[2025] NZEmpC 221 Chief Executive of the Department of Corrections v Farrell (Consent judgment of Judge Kathryn Beck, 13 October 2025)