Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment (No 2) of Judge B A Corkill, 5 December 2023) ASSESSMENT OF LIABILITY AND QUANTUM – BREACH OF CONTRACT CLAIMS – express and implied contractual health and safety duties breached –  breaches caused the plaintiffs’ PTSD – contractual liability established – PERSONAL GRIEVANCE – unjustifiable disadvantage grievances established –  ACCIDENT COMPENSATION ACT 2001 STATUTORY BAR – affirmative defence raised by school – s 317 does not bar the claims because the criteria of s 21B are not made out – TIMEFRAME FOR AWARDS – loss assessed up until notional judgment date of 31 March 2019 – DAMAGES/REMEDIES – non-economic loss awarded – economic loss for lost remuneration, superannuation, capital gain and rental income, plus interest up until notional judgment date, and some medical expenses awarded – no award for interest as damages or dental expenses – no failure to mitigate losses – reasonable to rely upon pro…

[2023] NZEmpC 218 Carrington Resort Jade LP v Knight (Costs Judgment of Judge K G Smith, 4 December 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 216 Chain & Rigging Supplies Ltd v Nikorima (Oral Judgment (No 5) of Judge B A Corkill, 30 November 2023) APPLICATION FOR CONSEQUENTIAL ORDERS FOLLOWING A SEARCH ORDER – application granted.

[2023] NZEmpC 214 (Judgment (No 3) of Judge M S King 29 November 2023) FREEZING ORDERS–VARIATION- CONSENT application to vary freezing orders – freezing order varied by consent NON-PUBLICATION – non-publication order continued.

[2023] NZEmpC 211 ELG v KLE (Judgment of KG Smith 23 November 2023) APPLICATION FOR SEARCH ORDER - strong prima facie case for retention of confidential intellectual property - potential for serious loss or damage - search order would be proportionate - application granted with modifications.

[2023] NZEmpC 209 Osborne v Callaghan Innovation (Interlocutory Judgment of Judge K G Smith, 22 November 2023) APPLICATION FOR STRIKE-OUT - claims not yet investigated by the Authority cannot yet be challenged - no jurisdiction for complaints about Ombudsman investigation - statement of claim partially struck out.

[2023] NZEmpC 207 The Pho House Ltd T/A Zeke v Branford (Interlocutory Judgment of Chief Judge Christina Inglis, 21 November 2023) APPLICATION FOR STAY – interests of justice point against stay – application declined.

[2023] NZEmpC 205 Supercity Towing Ltd v Huch (Judgment of Judge J C Holden, 20 November 2023) NON-DE NOVO CHALLENGE – QUANTUM OF LOST WAGES – contractual interpretation – contractual entitlement was to 40 hours per week, not 60 hours per week – lost wages award reduced.

[2023] NZEmpC 203 IDEA Services Ltd v Wills (Consent Interlocutory Judgment of Judge Kathryn Beck, 20 November 2023) APPLICATION FOR STAY – granted by consent.

[2023] NZEmpC 202 VMR v Aviation Security Service (AvSec) Division of Civil Aviation Authority (Consent Judgment of Judge B A Corkill, 17 November 2023) CONSENT.

[2023] NZEmpC 200 ACF v IEN (Costs Judgment of Chief Judge Christina Inglis, 17 November 2023) COSTS ON DISCONTINUANCE - GUIDELINE SCALE - uplift appropriate because of plaintiff conduct.

[2023] NZEmpC 198 Carrington Resort Jade LP v Knight (Interlocutory Judgment (No 2) of Judge K G Smith, 14 November 2023) CHALLENGE TO OBJECTION TO DISCLOSURE – information sought is not relevant – challenge dismissed – information does not need to be disclosed.

[2023] NZEmpC 196 Keighran v Kensington Tavern Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 9 November 2023) APPLICATION TO ADDUCE FURTHER EVIDENCE - inadequate explanation for evidence not being admitted during hearing - application declined.