Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 122 healthAlliance NZ Limited v Cunningham (Interlocutory Costs Judgment of Judge M S King, 24 June 2025) COSTS – GUIDELINE SCALE – self-represented litigant – indemnity costs not appropriate – costs awarded with adjustments.

[2025] NZEmpC 120 Wilson Parking v Turner  Anor  (Consent Judgment of Chief Judge Christina Inglis, 23 June 2025) - APPLICATION IN RELATION TO DISCLOSURE FOLLOWING SEARCH ORDER – consent

[2025] NZEmpC 118 Airways Corporation of NZ Ltd v Small (judgment of Judge JC Holden, 16 June 2025) NON-DE NOVO CHALLENGE – TIME LIMITATION – section 114 Employment Relations Act – grievances raised did not claim new knowledge of past events or one continuous course of conduct – events outside 90-day period may be referred to as background context but cannot form part of the grievances – proceedings properly brought under s 179 – challenge successful.

[2025] NZEmpC  116 The Fletcher Construction Company Ltd v Appleby (Consent judgment of Judge Kathryn Beck, 13 June 2025) CONSENT JUDGMENT FOLLOWING JSC  

[2025] NZEmpC 114 VXO v Health New Zealand Te Whatu Ora (Judgment of Judge JC Holden, 9 June 2025) UNJUSTIFIABLE DISADVANTAGE – investigation into employee’s behaviour followed a fair process – investigator fairly characterised employee’s behaviour – failure to properly consult employee before placing him on special leave only a minor procedural flaw in the circumstances – no unjustifiable disadvantage – UNJUSTIFIABLE DISMISSAL – employee dismissed for medical incapacity rather than by disciplinary action – process prescribed by collective agreement followed – dismissal justified – GOOD FAITH – no breaches – NON-PUBLICATION – ordered for complainant – ordered for employee in respect of publication in news media and on public databases to balance serious health concerns.

[2025] NZEmpC 112 A Labour Inspector v Dao (Judgment (No 6) of Judge Kathryn Beck, 5 June 2025) FREEZING ORDERS – VARIATION – frozen trust assets do not exceed amount claimed when amounts frozen are assessed individually for each respondent – no changes made to property frozen by orders – clarification of orders relating to new account for ordinary living expenses  

[2025] NZEmpC 110 Oliver v Biggs (Costs Judgment of Judge KG Smith, 30 May 2025) COSTS ON DISCONTINUANCE - GUIDELINE SCALE - presumption that plaintiff is liable for costs on discontinuance is partially displaced - costs awarded to plaintiff up to date where further steps became unnecessary.

[2025] NZEmpC 108 ACCIONA Construction New Zealand Ltd v Rolland (Consent Judgment of Judge KG Smith, 29 May 2025) Consent judgment

[2025] NZEmpC 106 Burgess v Tutton Sienko and Hill Partnership (Interlocutory Judgment of Judge KG Smith, 28 May 2025) SECURITY FOR COSTS – financial circumstances of respondent favoured application – respondent was bankrupt reasonably recently – liable for a substantial Authority costs order – security ordered at 50% of likely scale costs to balance interests of both parties

[2025] NZEmpC 104  ACG Education Limited v Jennison (Consent interlocutory judgment of Judge Kathryn Beck, 23 May 2025) CONSENT judgment staying execution of Authority’s determination

[2025] NZEmpC 102 The Secretary for Education v New Zealand Post Primary Teachers' Association Incorporated Te Wehengarua (Judgment of Judge JC Holden 21 May 2025) PRELIMINARY ISSUE – STANDING TO BRING PROCEEDINGS – APPLICATION FOR LEAVE TO BRING PROCEEDINGS – Secretary for Education may raise a dispute about a clause of a collective agreement as a party to that agreement in accordance with s 129 ER Act – s 129 not to be read down by s 591(b) Education Training Act – Secretary requires leave to bring proceedings in relation to s 26(3) ER Act as per s 29 – leave granted under s 29(f) – Secretary has legitimate interest in paid union meeting arrangements which may affect education service delivery

[2025] NZEmpC 100 Harte v Te Whatu Ora - Health New Zealand (Interlocutory Judgment of Judge Kathryn  Beck, 16 May 2025 NON-PUBLICATION – application for non-publication orders over names of eight witnesses – interim orders made as Authority made permanent non-publication orders – no specific adverse consequences identified by applicant – no basis to order permanent non-publication orders at this time

[2025] NZEmpC 98 The Chief Executive of Oranga Tamariki - Ministry for Children v Hill (Judgment of Judge M S King, 16 May 2025) NON DE NOVO CHALLENGE – UNJUSTIFIED DISMISSAL – USE OF FORCE – SELF-DEFENCE – employee dismissed after using force against rangatahi in youth justice residence – whether employee acted in self-defence – test for self-defence in Crimes Act 1961 applies for disciplinary purposes as referred to in training materials – employee believed themselves to be at risk of harm – employee used force to defend themselves – not reasonable for employee to use force – reasonable alternatives to force available – context of youth justice residence – same conclusion even if Crimes Act does not apply – Authority erred in its application of test for self-defence – employee not justified in using force in self-defence – Authority did not err in its use of previous decisions – Authority entitled to reach different view of facts and application of law to facts as compared to previou…