Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 130 Barry v C I Builders Ltd (Costs Judgment of Chief Judge Christina Inglis, 16 August 2021) COSTS – GUIDELINE SCALE – 2B categorisation was appropriate.

[2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland (Judgment of Judge Kathryn Beck, 13 August 2021) PERSONAL GRIEVANCE – REDUNDANCY – restructuring was justifiable for genuine business reasons – process followed to disestablish position and decline redeployment was overall justifiable – dismissal was not unjustifiable.

[2021] NZEmpC 127 AlKazaz v Deloitte (No. 3) Ltd (Reasons for Oral Judgment (Interlocutory Judgment (No 5)) of Judge Kathryn Beck, 10 August 2021) APPLICATION TO CROSS-EXAMINE WITNESS – interlocutory application – affidavit evidence – grounds advanced not sufficient to amount to special circumstances – application declined – APPLICATION TO SET ASIDE WITNESS SUMMONS – issues as to relevance, hearsay and legal professional privilege – witness not employed at the same time as plaintiff – application granted.

[2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd (Judgment of Judge B A Corkill, 9 August 2021) CHALLENGE – non-publication – inadvertent error occurred in the Authority as to whether non-publication was sought – circumstances did not require non-publication orders – challenge successful.

[2021] NZEmpC 121 Shah Enterprise NZ Ltd v A Labour Inspector of the Ministry of Business Innovation and Employment (Interlocutory Judgment (No 2) of Judge C J Holden, 6 August 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO VISUAL LINK – travel issues – application granted in part – APPLICATION FOR TRANSFER OF PROCEEDINGS – applicant counsel’s need to travel from Auckland not a sufficient basis for transfer in the circumstances – application denied.

[2021] NZEmpC 122 UXK v Talent Propeller Ltd (Interlocutory Judgment of Judge C J Holden, 6 August 2021) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – Court is likely to be assisted by Attorney-General (in respect of the Ministry of Business, Innovation and Employment) – application granted.

[2021] NZEmpC 119 Bowen v Bank of New Zealand (Costs Judgment of Judge J C Holden, 3 August 2021) COSTS – GUIDELINE SCALE – financial hardship less important because attempting to have matter removed was not necessary – costs awarded.

[2021] NZEmpC 118 A v Ms B (Judgment of Judge B A Corkill, 2 August 2021) APPLICATION FOR FREEZING ORDER AND ANCILLARY ORDER WITHOUT NOTICE – URGENCY – company funds were allegedly misappropriated by employee – sufficient basis for arguable case established – statement of problem not having been filed because to do so would be premature – application granted.

[2021] NZEmpC 115 Concrete Structures (NZ) Ltd v Rottier (Costs Judgment of Judge B A Corkill, 27 July 2021) COSTS – legally aided – costs ordered by consent.

[2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay (Judgment of Judge Kathryn Beck, 21 July 2021) HOLIDAY PAY – calculation of holiday pay owed – employee continued remote working duties during holidays taken – remote working duties were not required by employer – answering phone calls and emails was effectively required by employer – holiday taken reduced by time spent responding to phone calls and emails – delay does not impact holiday pay claim – holiday pay awarded with interest.

[2021] NZEmpC 110 Reid v Ngati Rangi Trust (Costs Judgment (No 2) of Judge J C Holden, 19 July 2021) COSTS – COSTS IN THE AUTHORITY - Calderbank offer was made prior to Authority investigation – costs in the Authority should remain modest – employer agreed to receive small weekly sum – no uplift granted.

[2021] NZEmpC 108 Vulcan Steel Ltd v Manufacturing & Construction Workers Union (Interlocutory Judgment of Judge Corkill, 9 July 2021) APPLICATION FOR WITNESSES TO APPEAR BY AUDIO VISUAL LINK – APPLICATION FOR NOTIFICATION OF INTERVENERS – method of drug and alcohol testing – applications granted.