Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 157 Van Kleef v Alliance Group Ltd (Interlocutory Judgment of Judge B A Corkill, 7 November 2019) APPLICATION FOR DISCLOSURE – disclosure principles considered – categories of requested documents considered – disclosure ordered – privilege a separate issue – to be dealt with by affidavit.

[2019] NZEmpC 155 George Weston Foods (NZ) Ltd v First Union Inc (Interlocutory Judgment of Judge J C Holden, 6 November 2019) CHALLENGE TO REDACTION OF DISCLOSED DOCUMENTS – two documents in dispute – one document not covered by privilege – unredacted copy ordered – redactions in second document relevant – discoverable in full – not to be shared at this stage.

[2019] NZEmpC 153 Savage v Wai Shing Ltd (Judgment of Judge B A Corkill, 1 November 2019) INTERIM REINSTATEMENT – SANCTION FOR BREACH OF COMPLIANCE ORDER -  tasks given were labour, not management – principles in imposing fine considered - $2,500 fine ordered – penalty declined.

[2019] NZEmpC 151 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 23 October 2019) NON-DE NOVO CHALLENGE – Unjustified disadvantage – unjustified dismissal – redundancy – failure to undertake remuneration review – lost wages – compensation – banding discussed – compensation increased – contribution discussed – contribution of 20 per cent – penalty not awarded – challenge allowed in part.!PLESE DETE

[2019] NZEmpC 149 Thompson v Phoenix Publishing Ltd (interlocutory Judgment of Judge K G Smith, 18 October 2019) APPLICATION FOR JOINDER – non-compliance by defendant with orders of Authority – misconceived – premised on further compliance order when main proceeding concerns sanctions – dismissed.

[2019] NZEmpC 147 Baker v Hauraki Rail Trail Ltd (Judgment of Judge M E Perkins, 17 October 2019) APPLICATION FOR JOINDER – undertaking to Authority to pay monies ordered – non-compliance –investigation meeting to be re-opened -  Court has no jurisdiction to order joining to Authority investigation – alternative course of action suggested – referred back to Authority.

[2019] NZEmpC 145 A Labour Inspector v Parihar (Judgment of Judge M E Perkins, 16 October 2019) BREACHES OF MINIMUM ENTITLEMENTS - PENALTIES – PARTNERSHIP – partnership not a legal entity – application of penalty provisions in case of partnership – quantum assessed as applying to individuals – total of $200,000 awarded.

[2019] NZEmpC 143 Sfizio Ltd v Freeborn (Interlocutory Judgment of Judge B A Corkill, 11 October 2019) APPLICATION FOR JOINDER – identity of employer – High Court Rules – notice on third parties.

[2019] NZEmpC 142 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment of B A Corkill, 10 October 2109) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE NOTICE OF OPPOSITION – delay explained – extension reasonable – application granted

[2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk (Interlocutory Judgment of Judge K G Smith, 8 October 2019) APPLICATION FOR JOINDER – application to join directors personally as defendant in second of two proceedings – not joined at Authority – question of identity of employer not raised earlier – no grounds to lift corporate veil – application declined.

[2019] NZEmpC 137 Independent Prosperity Ltd v Huang (Interlocutory Judgment of Judge K G Smith, 8 October 2019) APPLICATION FOR STAY OF EXECUTION – evidence of fast-growing, solvent company – factors in stay considered – application declined.

[2019] NZEmpC 135 Mani v Sharma (Judgment of Judge J C Holden, 4 October 2019) STRIKE OUT – order for security for costs ignored – second plaintiff in liquidation – liquidators request strike-out – no response received – challenge dismissed in entirety.

[2019] NZEmpC 133 Roberts v Airways Corp of NZ Ltd (Judgment of Judge B A Corkill, 1 October 2019) DISCONTINUANCE – WANT OF PROSECUTION.