Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 10 Anderson v Righteous Law Ltd (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 12 February 2021) APPLICATION TO WITHDRAW AS COUNSEL – party lost legal aid and is unable to pay counsel – application granted.

[2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc (Judgment of Judge B A Corkill, 11 February 2021) COLLECTIVE AGREEMENT – INTERPRETATION – whether employees entitled to motor vehicle reimbursement – reimbursement clause applies to all instances of rotation – entitlement applies when appointment to temporary role whether initiated by employee or employer – entitlement also applies for employee assigned to multiple places of work.

[2021] NZEmpC 6 Bowen v Bank of New Zealand (Interlocutory Judgment of Judge Kathryn Beck, 4 February 2021) EVIDENCE – PRIVILEGE – phone call between lawyer and client recorded by other party – phone call was privileged – privilege was not waived – evidence not admissible.

[2021] NZEmpC 4 Coetzee v Oamaru Meats Ltd (Consent Judgment of Judge K G Smith, 1 February 2021) APPLICATION FOR STAY - CONSENT.

[2021] NZEmpC 2 Talent Propeller Ltd v UXK (Interlocutory Judgment of Chief Judge Christina Inglis, 26 January 2021) APPLICATION FOR EXTENSION OF TIME TO FILE CROSS-CHALLENGE – statement of defence already filed but not cross-challenge – delay explained – application granted.

[2020] NZEmpC 238 Neil v New Zealand Nurses Organisation  (Interlocutory Judgment of Judge Kathryn Beck, 23 December 2020) APPLICATION TO STRIKE OUT PART OF THE PLEADINGS – CONFIDENTIALITY – pleadings contain statements made during settlement negotiations – paragraphs are inadmissible – paragraphs struck out.

[2020] NZEmpC 236 Maheta v Skybus New Zealand Ltd (Interlocutory Judgment of Judge K G Smith, 18 December 2020) APPLICATION FOR STAY – Authority costs determination was not challenged – nothing to stay - APPLICATION FOR SECURITY FOR COSTS – plaintiff would have trouble paying if unsuccessful in his challenge – merits of challenge are questionable – plaintiff’s previous conduct suggests increased costs – security for costs ordered.

[2020] NZEmpC 234 McBride v ANZCO Foods Ltd (Judgment of Judge K G Smith, 18 December 2020) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – plaintiff’s representative accepted responsibility for failing to file challenge – application granted.

[2020] NZEmpC 232 The Chief of New Zealand Defence Force v Darnley (Consent Judgment of Chief Judge Christina Inglis, 17 December 2020) APPLICATION FOR STAY – consent.

[2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd (Judgment of Judge J C Holden, 17 December 2020) APPLICATION FOR DECLARATION OF EMPLOYMENT RELATIONSHIP – applicant is driver for Uber – applicant was previously a taxi driver running a business on his own account – applicant’s work was not exclusive to Uber – applicant was not vulnerable or lacking in comprehension – applicant was in control of work hours, equipment, and tax – applicant had ability to increase profitability in some ways – work is integral to Uber’s business but Uber lacked control over how it was undertaken – industry practice not a helpful consideration – applicant was not an employee of Uber.

[2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd (Interlocutory Judgment of Judge J C Holden, 15 December 2020) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – no evidence that employee will be unable to pay costs if challenge does not succeed – applications dismissed.

[2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd (Judgment of Judge K G Smith, 14 December 2020) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – employee discussed grievance with solicitor but no further steps were taken – no clear instruction given to solicitor – grievance was not raised – no exceptional circumstances to allow raising the grievance out of time.

[2020] NZEmpC 224 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd (in administration)  (Costs Judgment of Judge M E Perkins, 11 December 2020) COSTS – GUIDELINE SCALE – costs awarded.