Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 171 Alkazaz v Enterprise IT Ltd (Judgment of Chief Judge C Inglis, 22 October 2020) APPLICATION FOR REOPENING AUTHORITY INVESTIGATION – no evidence that witnesses for the company submitted false evidence – witnesses could have been cross-examined in the Authority investigation – no fresh evidence that could not have been adduced in the Authority investigation, nor made a material difference to the outcome – application declined.

[2020] NZEmpC 169 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 14 October 2020) APPLICATION FOR FURTHER ORDERS – ANNUAL LEAVE – employee was found to be permanent employee in substantive judgment – employee never worked 12 months continuously – unpaid leave pushes leave anniversary back but annual leave must still be provided - PUBLIC HOLIDAYS – annual leave cannot be scheduled during public holidays – public holidays would not have been days otherwise worked – no entitlement to claimed paid public holidays.

[2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd (Judgment of Judge B A Corkill, 14 October 2020) COSTS – COSTS IN THE AUTHORITY – plaintiff seeking and discontinuing claim for pecuniary penalties was an aggravating factor – costs higher than usual daily tariff – COSTS IN THE COURT – guideline scale applied – appropriate guideline scale category was 3, not 2 – Band B was the appropriate band, not C – Calderbank offer considered to increase costs – COSTS ON INTERLOCUTORY APPLICATION AFTER CHALLENGE RESOLVED – costs awarded.

[2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust (Judgment of Judge J C Holden, 14 October 2020) PENALTIES – AUTHORITY JURISDICTION – QUANTUM – Authority had jurisdiction to award penalties for breach of record of settlement, including by non-parties – compliance orders were appropriate - Authority did not have jurisdiction to award general damages – penalties are payable but not on a joint and several basis – penalties reduced.

[2020] NZEmpC 163 Westgate & Williams Ltd v Morrison (Consent Judgment of Judge K G Smith, 13 October 2020) CONSENT – parties have reached settlement.

[2020] NZEmpC 161 Anderson v Righteous Law Ltd (Interlocutory Judgment of Chief Judge C Inglis, 12 October 2020) APPLICATION TO ADJOURN A HEARING - granted.

[2020] NZEmpC 159 Baker v Hauraki Rail Trail Ltd (Judgment of Judge M E Perkins, 1 October 2020) QUANTIFICATION OF REMEDIES – INTEREST – wages quantified – interest calculated under Interest on Money Claims Act 2016.

[2020] NZEmpC 157 Cowan v Kidd (Costs Judgment of Judge J C Holden, 30 September 2020) COSTS – GUIDELINE SCALE – decision being appealed is not relevant – GST uplift – costs awarded.

[2020] NZEmpC 155 Head v Chief Executive of the Inland Revenue Department (Judgment of Judge B A Corkill, 30 September 2020) APPLICATION FOR JOINDER – application under s 221 is in appropriate as applicant not yet a party – jurisdiction available under s 189 – applicant joined as plaintiff.

[2020] NZEmpC 152 Mataura Valley Milk Ltd v Scott (Interlocutory Judgment (No 2) of Judge K G Smith, 25 September 2020) APPLICATION TO FURTHER VARY SEARCH ORDER – consent.

[2020] NZEmpC 151 AlKazaz v Enterprise IT Limited (Interlocutory Judgment (No 5) of Chief Judge C Inglis, 23 September 2020) APPLICATION FOR LEAVE TO FILE AMENDED STATEMENT OF CLAIM – consent.

[2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd (Judgment of Judge B A Corkill, 22 September 2020) AUTHORITY JURISDICTION – whether orders made by the Authority were within its jurisdiction – Authority members are equivalent to judicial officers, not mediators – Authority orders can bind representatives of parties – Authority can order representative not to intimidate other party – reasonable limitation on the right to free speech – Authority should not have made order without giving notice to representative – Court has jurisdiction to enforce Authority orders.