Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 197 New Zealand Professional Fire Fighters Union v Fire and Emergency New Zealand (Judgment of Chief Judge Christina Inglis, 17 November 2020) CONTRACTUAL INTERPRETATION – STATUTORY INTERPRETATION – whether amended legislation overrules collective agreement in regards to redundancy procedure – amendment was clearly intended to change redundancy processes – clause contradicts legislation.

[2020] NZEmpC 195 NewZealand Fusion International Ltd (in administration) v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge M E Perkins, 13 November 2020) APPLICATION FOR REHEARING – grounds for rehearing were more appropriate as grounds for appeal – media articles were not new evidence and not relevant – application declined.

[2020] NZEmpC 193 JGD v MBC Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 13 November 2020) APPLICATION FOR INTERIM NON-PUBLICATION ORDER – principle of open justice does not apply strongly in the employment context – employee’s reputation would be harmed by publication of their name – employer does not oppose application – application granted.

[2020] NZEmpC 191 Greetham v Lawter (NZ) Ltd (Consent Costs Judgment of Judge M E Perkins, 12 November 2020) COSTS - consent.

[2020] NZEmpC 189 Yangs House Ltd v Yang (Consent Judgment of Judge K G Smith, 11 November 2020) APPLICATION FOR STAY - consent.

[2020] NZEmpC 187 Coetzee v Oamaru Meats Ltd (Interlocutory Judgment of Judge K G Smith, 10 November 2020) APPLICATION TO EXTEND TIME TO CHALLENGE A COSTS DETERMINATION – challenge out of time because of error by counsel – respondent does not object – application granted.

[2020] NZEmpC 185 Career Matrix NZ Ltd v Sharifi (Consent Judgment of Judge M E Perkins, 9 November 2020) CONSENT.

[2020] NZEmpC 183 E Tū Inc v Mount Cook Airline Ltd (Interlocutory Judgment of Judge K G Smith, 6 November 2020) APPLICATION TO ADJOURN A HEARING – application made jointly by both parties – parties are faced with unusual circumstances beyond their control – application granted.

[2020] NZEmpC 182 FVB v XEY (Judgment of Judge J C Holden, 5 November 2020) NON-PUBLICATION ORDER – whether to suppress name of plaintiff and defendant or only plaintiff – identifying the defendant would make it easy to identify the plaintiff – interim non-publication on both parties’ names granted.

[2020] NZEmpC 180 Emmerson v Northland District Health Board (Judgment of Judge B A Corkill, 5 November 2020) PERMANENT NON-PUBLICATION ORDER – treatment for patients may be compromised by identification of witness doctors’ names – permanent non-publication orders made in other tribunals, which would be defeated if order was not granted – permanent non-publication granted.

[2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc  (Judgment of Judge M E Perkins, 3 November 2020) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – employee refused to return to work until alleged grievances were dealt with – employer was entitled to view this as abandonment – employee was not constructively dismissed – UNJUSTIFIED DISADVANTAGE – insufficient evidence to establish disadvantage.

[2020] NZEmpC 175 O’Boyle v McCue (Judgment of Judge B A Corkill, 29 October 2020) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – UNPAID ENTITLEMENTS –employer remained O’Boyle in personal capacity even after incorporation – unpaid holiday and public holiday pay quantified - employee was constructively dismissed – disadvantage for failure to provide written employment agreement – disadvantage for failing to record holiday and leave – disadvantage for warning – compensation and lost wages awarded.

[2020] NZEmpC 173 New Zealand Technology Group Hawkes Bay Ltd v Flashoff (Judgment (No 3) of Judge B A Corkill, 28 October 2020) EXTENSION OF FREEZING ORDER - consent.