Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 81 Thermo Fisher Scientific New Zealand v Dimoline (Interlocutory Judgment of Judge J C Holden, 2 June 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO-VISUAL LINK – application not opposed – travel issues – application granted.

[2021] NZEmpC 79 McKay v Wanaka Pharmacy Ltd (Judgment of Judge Kathryn Beck, 27 May 2021) BREACH OF COMPLIANCE ORDER – APPLICATION FOR FINE – Authority determination was challenged but no application for stay was filed – Authority has granted compliance order – no payment has been made – application for stay now filed – small fine is warranted - $8,000 fine awarded – fine to be paid to applicant.

[2021] NZEmpC 77 Fleming v Attorney-General (Judgment of Chief Judge Christina Inglis, 26 May 2021) APPLICATION FOR SECTION 6 DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international obligations - applicant's work was undertaken in a dwellinghouse - applicant was a homeworker and therefore an employee of the Minister of Health - part 4A of the New Zealand Public Health and Disability Act 2000 precluded wages while in force - unpaid wages owed starting with repeal of part 4A - penalties not appropriate.

[2021] NZEmpC 75 Talent Propeller Ltd v UXK (Interlocutory Judgment of Chief Judge Christina Inglis, 21 May 2021) APPLICATION FOR EXTENSION OF TIME TO FILE COSTS APPLICATION – delay was a result of error by counsel - second application for extension – delay was not short – application declined.

[2021] NZEmpC 73 Sfizio Ltd v Freeborn (Costs Judgment of Judge B A Corkill, 20 May 2021) COSTS ON DISCONTINUANCE – guideline scale – costs were excessive given the circumstances – costs awarded with reduction.

[2021] NZEmpC 71 Bowen v Bank of New Zealand (Judgment of Judge J C Holden, 17 May 2021) APPLICATION FOR SPECIAL LEAVE TO REMOVE MATTER TO THE COURT – redundancy in the context of protected disclosures is not an important question of law – no grounds to remove – application declined – APPLICATION FOR NON-PUBLICATION – no specific adverse consequences from information being published – non-publication orders are already in place in other forums and should not be undermined – order made to protect other orders.

[2021] NZEmpC 69 Head v IRD (Judgment of the full Court, 14 May 2021) SECTION 6 - TRIANGULAR EMPLOYMENT - whether plaintiffs were employed by IRD or labour-hire company - labour-hire arrangements can be legitimate - agreements and documents between the parties were clear that labour-hire company was the employer - intention of the parties was for labour-hire company to be the employer - relationships operated in practice in accordance with agreements and documents - common law tests of limited assistance - no deliberate attempt to bypass employment protections - plaintiffs were employed by labour-hire company.

[2021] NZEmpC 68 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 10 May 2021) APPLICATION TO ADJOURN A HEARING – defendant has health issue – high volume of documents to consider – application granted.

[2021] NZEmpC 66 Smartlift Systems Ltd v Armstrong (Judgment of Judge B A Corkill, 7 May 2021) PERSONAL GRIEVANCE – NON-DO NOVO CHALLENGE – no error of law or fact made by Authority in finding there was insufficient consultation for redundancy – no error made by Authority in determining the breaches were not minor – Authority compensation awards slightly reduced – Authority was correct in finding no reduction needed to be made for contribution.

[2021] NZEmpC 64 Lawton v Steel Pencil Holdings Ltd (in liq) (Interlocutory Judgment (No 2) of Judge J C Holden, 5 May 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO VISUAL LINK – travel issues – application granted.

[2021] NZEmpC 61 Best Health Foods Ltd v Berea (Interlocutory Judgment of Judge B A Corkill, 3 May 2021) APPLICATION FOR STAY – no good reason to allow stay – application dismissed.

[2021] NZEmpC 59 Humphrey v Canterbury District Health Board (Interlocutory Judgment of Chief Judge Christina Inglis, 30 April 2021) APPLICATION FOR INTERIM REINSTATEMENT - serious question to be tried in relation to permanent reinstatement - difficulties with relationships can potentially be resolved with professional assistance - damages would not be an adequate remedy - application granted.

[2021] NZEmpC 57 Mikes Transport Warehouse Ltd v Vermuelen (Interlocutory Judgment of Chief Judge Christina Inglis, 29 April 2021) APPLICATION TO PARTICIPATE IN HEARING AND GIVE EVIDENCE BY AUDIO-VISUAL LINK – application not opposed – travel difficulties - application granted.