Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 147 Carrigan v The Attorney-General (Interlocutory Judgment (No 3) of Chief Judge C Inglis, 17 September 2020) APPLICATION TO STRIKE OUT PLAINTIFF – application of s 221(a) of the Act – plaintiff to be struck out is neither an employee nor an employer – involvement as a plaintiff complicates the proceedings – plaintiff struck out.

[2020] NZEmpC 145 Horton v ST & CJ Bell Ltd (Interlocutory Judgment of Judge K G Smith, 15 September 2020) APPLICATION FOR SECURITY FOR COSTS – evidence showed that costs would be able to be paid if challenge fails – application dismissed.

[2020] NZEmpC 143 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 4) of Chief Judge C Inglis, 7 September 2020) APPLICATION FOR STAY – earlier interlocutory judgment being appealed – applicant seeking stay of Court proceedings – right of appeal will not be lost if stay is not granted – delay from granting a stay would be significant – merits of appeal are weak – application declined.

[2020] NZEmpC 141 H v RPW (Judgment of Judge M E Perkins, 4 September 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGES – delay was very lengthy – explanation about naivety of advocate did not match the evidence – merits are weak – leave declined – CHALLENGE AGAINST QUANTUM OF PENALTIES AND COSTS – breach of settlement agreement was deliberate – no factors of mitigation – quantum upheld.

[2020] NZEmpC 140 Mataura Valley Milk Ltd v Scott (Interlocutory Judgment of Judge K G Smith, 2 September 2020) APPLICATION TO JOIN AS A PARTY OR INTERVENE – company concerned about its confidential information being disclosed to parties – company has no interest in outcome of proceedings – application granted only to intervene - APPLICATION TO VARY SEARCH ORDER – balance of protecting confidential information and providing evidence considered – application granted with conditions.

[2020] NZEmpC 138 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 3) of Chief Judge C Inglis, 1 September 2020) APPLICATION TO SET ASIDE WITNESS SUMMONSES – evidence sought from multiple senior members of company – unlikely for evidence to be useful in determining application for reopening Authority investigation – summonses amount to a “fishing expedition” – application granted.

[2020] NZEmpC 135 Wills v Farmlands Co-Operative Society Ltd (Interlocutory Judgment of Judge K G Smith, 31 August 2020) APPLICATION FOR DISCOVERY AGAINST A NON-PARTY – evidence sought is not relevant – application dismissed.

[2020] NZEmpC 133 Gate Gourmet New Zealand Ltd v Sandhu (Interlocutory Judgment of Chief Judge C Inglis, 26 August 2020) APPLICATION FOR LEAVE TO APPEAR AS INTERVENERS – issues are important to the wider community - consent.

[2020] NZEmpC 131 Surplus Brokers Ltd v Armstrong (Judgment of Chief Judge C Inglis, 24 August 2020) UNJUSTIFIABLE DISMISSAL – CASUAL EMPLOYMENT – non-de novo challenge to Authority finding that employee was dismissed during period of casual employment – employee was dismissed during period of casual employment – challenge dismissed.

[2020] NZEmpC 129 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei (Oral Judgment of Judge M E Perkins, 20 August 2020) APPLICATION FOR DECLARATION OF CONTEMPT OF COURT – employee covered up evidence that was to be disclosed – fine not appropriate due to mitigating circumstances.

[2020] NZEmpC 127 123 Casino Ltd T/A 123 Palm Bar & Restaurant & Function Centre v Zuo (Costs Judgment of Judge K G Smith, 19 August 2020) COSTS – GUIDELINE SCALE – change to applicable daily rate accounted for – no adjustment made for representative by advocate instead of lawyer – indemnity not appropriate – GST uplift made – settlement offer accounted for.

[2020] NZEmpC 125 Smith v Fletcher Concrete & Infrastructure Ltd (Judgment of Judge J C Holden, 18 August 2020) INTERIM REINSTATEMENT – challenge to Authority’s preliminary decision to decline interim reinstatement – employee was dismissed for breaching safety standards –employee made an arguable case for interim reinstatement – financial harm from lack of employment alleviated by mortgage holiday – employer concerned about further safety breaches – other employees would resign if employee is reinstated – balance of convenience points against interim reinstatement.

[2020] NZEmpC 123 Langford v Chief Executive of Inland Revenue Department (Judgment of Judge B A Corkill, 14 August 2020) APPLICATION FOR JOINDER - consent.