Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 56 Secretary for Education v Public Service Association (Judgment of Judge Holden, 24 March 2025) COSTS – application opposed on basis that proceedings concerned a poorly drafted collective agreement and there was broader benefit in resolving dispute – parties previously agreed to scale costs – costs awarded with modest reduction to recognise nature of proceedings

[2025] NZEmpC 54 Secretary for Education v Post Primary Teachers Association Te Wehengarua (judgment of Judge Holden 21 March 2025) APPLICATION FOR URGENCY – outcome of proceedings may impact upcoming union meetings – application granted

[2025] NZEmpC 52  ADO v Joan Fernie Charitable Trust Board (Consent judgment of Judge Beck, 20 March 2025) CONSENT – proceedings settled and discontinued – no issue as to costs – permanent non-publication orders made

[2025] NZEmpC 48 Brown v The Clinician Holdings Ltd (Judgment of Judge King, 17 March 2025) APPLICATION FOR DECLARATION OF EMPLOYMENT STATUS – worker performed part-time role as CFO for company under contractor agreement – parties negotiated for worker to work for TCHL on full-time basis as CFO – agreement provided worker would report to company’s CEO – parties agreed that worker would be paid $200,000 per year – parties discussed worker obtaining shareholding with company which induced worker, at least in part, to accept new arrangement – worker no longer permitted to sub-contract under new agreement – parties agreed that worker would wind down other contracting arrangements – new agreement superseded previous contractor agreement – parties never put their agreement into writing – worker continued to invoice company as no written agreement had been finalised – worker no longer sub-contracted work for company – worker continued to perform some work for other clients – worker was entitl…

[2025] NZEmpC 46 LMN v STC (Interlocutory judgment (No 2) of Judge M King, 17 March 2025) EXTENSION OF TIME – SECURITY FOR COSTS – LEAVE TO FILE FURTHER SUBMISSIONS – UNLESS ORDERS – STRIKE-OUT – successful application for extension of time to pay security for costs order – timetabling orders set for payment of security for costs – proceedings not yet set down – unnecessary to grant leave to file further submissions – application for unless orders to strike out proceedings premature

[2025] NZEmpC 44 Mutonhori v Wairoa District Council (Judgment of Judge Holden, 14 March 2025) CATCHWORDS UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – removal of urgent duties appropriate in light of employee’s continued defiance – suspension due to adverse impacts on colleagues -- opportunity to respond provided – disadvantage justified – numerous substantial issues with employee’s behaviour – ample opportunities for employee to respond – dismissal justified

[2025] NZEmpC 42 Soundhomes NZ Ltd v Doughty (Judgment (No 8) of Judge Beck, 13 March 2025) FREEZING ORDER – ANCILLARY ORDERS – VARIATION – EXTENSION – risk of dissipation of assets due to conduct of respondents – further information still required – parties dispute meaning of original freezing order – extent of order clarified – limited further ancillary orders made – freezing orders not to remain in place indefinitely – date for review set down

[2025] NZEmpC 40 Bagrie v Air New Zealand Ltd (Interlocutory Judgment of Judge Smith, 13 March 2025) APPLICATION FOR WITNESS TO APPEAR BY AVL – granted

[2025] NZEmpC 38 Korean Air Lines Co., Limited v Locke (Interlocutory judgment of Judge Beck, 11 March 2025) EVIDENCE – irrelevant evidence not admitted

[2025] NZEmpC 34  Xu v Pioneer Education and Immigration Services Group Ltd (Judgment of Judge Beck, 4 March 2025) CHALLENGE – NON DE NOVO – REMEDIES – MITIGATION – UNJUSTIFIED DISMISSAL – Authority found plaintiff was unjustifiably dismissed – plaintiff challenges remedies awarded in Authority – plaintiff made reasonable attempts to mitigate loss – plaintiff was not offered alternative employment by company – plaintiff entitled to six months’ lost remuneration – no entitlement to full compensation – plaintiff entitled to job search and medical costs – plaintiff suffered moderately serious and reasonably long lasting harm – plaintiff awarded $35,000 compensation – no interest awarded on awards – challenge largely successful

[2025] NZEmpC 32 ZUW v WFW (Judgment of Judge K G Smith 27 February 2025) APPLICATION FOR NON-PUBLICATION ORDER – prior non-publication order granted to plaintiff – risk of plaintiff being identified if defendant’s application is declined – application granted.

[2025] NZEmpC 29 Carrington Resort Jade LP v Graham (Interlocutory Judgment (No 2) of Judge M S King, 26 February 2025)  STRIKE-OUT – DISMISSAL FOR WANT OF PROSECUTION – plaintiff failed to comply with security for costs order – plaintiff no longer engaging with Court on proceedings – inordinate and inexcusable delay – delay has caused prejudice to defendant – proceedings have caused defendant stress – risk that costs of defence will render defendant’s success in Authority nugatory – challenge to be struck out if security for costs not paid within 14 days