Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 54 Courage v Attorney-General (Interlocutory Judgment (No 10) of Chief Judge Christina Inglis, 25 March 2022) APPLICATION TO ACCESS COURT DOCUMENTS – no grounds to refuse application – application granted.

[2022] NZEmpC 52 Fechney v Employment Relations Authority (Judgment of Judge J C Holden, 23 March 2022) APPLICATION FOR JUDICIAL REVIEW – Employment Relations Act 2000, s 184 restricts grounds of review for Employment Relations Authority determinations – natural justice not a ground of review – no bad faith by Employment Relations Authority – application declined.

[2022] NZEmpC 50 Gate Gourmet New Zealand Ltd v Sandhu (Costs Judgment of Chief Judge Christina Inglis, 22 March 2022) COSTS – GUIDELINE SCALE – costs should follow the event even if case is a test case – no uplift warranted – external legal research cannot be claimed as a disbursement – Calderbank offer not sufficiently certain – costs on costs awarded.

[2022] NZEmpC 48 E Tu Inc v Mount Cook Airline Ltd (Judgment of Judge K G Smith, 18 March 2022) MINIMUM WAGE ACT – SLEEPOVER – whether cabin crew staff were working while stationed away from home – no restriction during time away – sleepovers were not work – INTERPRETATION OF MINIMUM WAGE ORDER – whether part-time salaried workers were being paid minimum wage – Minimum Wage Order is clear – part-time salaried workers must receive at least the amount specified in cl 4(d).

[2022] NZEmpC 46 UQE v TBN (Judgment of Chief Judge Christina Inglis, 16 March 2022) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – grievance was not raised in time – employer did not consent to grievance being raised out of time.

[2022] NZEmpC 44 Courage v Attorney-General (Interlocutory Judgment (No 8) of Chief Judge Christina Inglis, 15 March 2022) APPLICATION FOR ACCESS TO COURT DOCUMENTS – application granted.

[2022] NZEmpC 42 TPT Forests Ltd v Penfold (Interlocutory Judgment (No 2) of Judge J C Holden, 11 March 2022) APPLICATION FOR CONSEQUENTIAL ORDERS.

[2022] NZEmpC 40 Ngawaka v Global Security Solutions Ltd (Judgment of Judge K G Smith, 9 March 2022) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – employee was under pressure due to investigation and resigned – pressure does not amount to constructive dismissal.

[2022] NZEmpC 38 Mataura Valley Milk Ltd v Scott (Judgment of Judge K G Smith, 9 March 2022) SEARCH ORDER – VARIATION.

[2022] NZEmpC 36 Kang v Saena Company Ltd (Judgment of Judge K G Smith, 8 March 2022) APPLICATION FOR FREEZING ORDERS AND ANCILIARY ORDERS – good arguable case established – no evidence of assets within jurisdiction at risk of dissipation – application dismissed.

[2022] NZEmpC 35 Courage v Attorney-General (Interlocutory Judgment (No 7) of Chief Judge Christina Inglis, 4 March 2022) APPLICATION FOR ACCESS TO COURT DOCUMENTS – open justice – application granted.

[2022] NZEmpC 32 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi (Interlocutory Judgment of Judge B A Corkill, 3 March 2022) APPLICATION FOR INTERIM INJUNCTION – application granted – full reasons to follow.

[2022] NZEmpC 30 Cousens v Star Nelson Holdings Ltd (Oral Judgment of Judge K G Smith, 24 February 2022) COMPLIANCE ORDER – PENALTY – compliance order of Authority was not complied with – penalty awarded.