Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 34 Byrne v The New Zealand Transport Agency (Costs Judgment of Judge B A Corkilll, 18 March 2020) COSTS IN THE AUTHORITY – DAILY TARIFF – costs reduced because of conduct that unnecessarily increased costs – Calderbank offer was reasonably rejected – COSTS IN THE COURT – COSTS GUIDELINE SCALE.  

[2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd (Interlocutory Judgment of Judge K G Smith, 13 March 2020) APPLICATION TO STRIKE OUT PART OF PROCEEDING – Court did not have jurisdiction to hear claims of breach of the Bill of Rights Act – Court did not have jurisdiction to hear claims of breach of the Human Rights Act – breach of good faith claims and Limitation Act not adequately pleaded but not struck out – statement of claim to be amended.

[2020] NZEmpC 30 Samuels v Employment Relations Authority (Interlocutory Judgment (No 4) of Chief Judge C Inglis, 13 March 2020) EVIDENCE – ADMISSIBILITY – documents are privileged and irrelevant – covert recording of Authority also irrelevant – evidence not admitted.

[2020] NZEmpC 28 Talbot Agriculture Ltd v Wate (Remedies Judgment of Judge K G Smith, 11 March 2020) REMEDIES FOR UNJUSTIFIED DISMISSAL – calculation of how much wages are owed – no evidence of loss for reimbursement of lost wages.

[2020] NZEmpC 26 Gibson-Smith v Ministry of Business, Innovation and Employment (Judgment of Judge B A Corkill, 10 March 2020) APPLICATION TO ADDUCE FURTHER EVIDENCE – case was already closed – Evidence Act and High Court Rules discussed – evidence is potentially relevant and should be discussed in more detail – evidence admitted.

[2020] NZEmpC 24 CBA v ONM (Costs Judgment of Judge B A Corkill, 10 March 2020) COSTS –GUIDELINE SCALE – various steps discussed in depth – reduction of 30% made for partial success – Calderbank offer was reasonable to reject in the circumstances – the fact that the losing party was a large government organisation does not merit an increase to full scale costs.

[2020] NZEmpC 21 A Labour Inspector v NewZealand Fusion International Ltd (in administration) (Interlocutory Judgment of Chief Judge C Inglis, 3 March 2020) APPLICATION FOR STAY – incomplete information on financial circumstances – bankruptcy would not necessarily prevent rehearing application from proceeding – grounds for application are weak – stay not granted.

[2020] NZEmpC 20 Kohli v Brahmbhatt (Interlocutory Judgment of Judge J C Holden, 2 March 2020) APPLICATION FOR SECURITY FOR COSTS – evidence that company is operating under a new name to avoid payment – application granted - APPLICATION FOR STAY – evidence that the company cannot afford to pay remedies awarded by Authority – stay awarded with condition that full amount is paid to the Court.

[2020] NZEmpC 18 Kenny Omen Ltd v Singh (Stay Judgment of Judge K G Smith, 2 March 2020) Company has been liquidated and liquidators are not interested in the proceeding – proceedings stayed.

[2020] NZEmpC 17 Canterbury Westland Free Kindergarten Assoc Inc v Barnes (Interlocutory Judgment of Chief Judge C Inglis, 27 February 2020) APPLICATION FOR LEAVE TO INTERVENE – dispute involving the interpretation or operation of a collective agreement – union party and Secretary for Education had proper interest in the interpretation of issue – leave granted.

[2020] NZEmpC 14 Thorne v Rolton (Costs Judgment of Judge K G Smith, 26 February 2020) COSTS – COSTS GUIDELINE SCALE.

[2020] NZEmpC 12 Cooper v Phoenix Publishing Ltd (Interlocutory Judgment No.3 of Judge K G Smith, 21 February 2020) APPLICATION FOR WASTED COSTS – costs awarded.

[2020] NZEmpC 10 Holland v OCS Ltd (Oral Judgment of Judge K G Smith, 21 February 2020) PERSONAL GRIEVANCE – TIME LIMITATION – grievance lodged in the Authority outside of the s 114(6) limitation period – challenge cannot proceed.