Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic (Judgment of Judge J C Holden, 25 September 2019) WHETHER GRIEVANCE RAISED WITHIN 90 DAYS – WHETHER EMPLOYMENT AGREEMENT COMPLIED WITH STATUTE –  whether communications following end of employment constituted raising of a grievance – found to meet requirements – Authority to proceed with substantive investigation – explanation of grievance procedure not in plain language and therefore not compliant with the Act and is an exceptional circumstance contemplated by s 115(c).

[2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd (Judgment of Judge B A Corkill, 23 September 2019) APPLICATION TO STRIKE OUT PROCEEDINGS – settlement during Authority proceeding – no reasonably arguable claim of duress – strike out principles considered – binding settlement is full and final – claim struck out.

[2019] NZEmpC 128 Horizon Concepts Ltd v Hayward (Costs Judgment of Judge K G Smith, 17 September 2019) COSTS – GUIDELINE SCALE – inability to pay only relevant for recoverability, not quantum.

[2019] NZEmpC 126 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd (Judgment of Judge J C Holden, 11 September 2019) OVERTIME – CONTRACT INTERPRETATION – whether overtime is calculated over a week, offset by paid non-work hours, or whether all overtime must be paid – held that work done beyond rostered daily hours counts as overtime and is not to be offset against hours paid but not worked on other days.

[2019] NZEmpC 124 Alkazaz v Asparona Ltd (Interlocutory Judgement of Judge M E Perkins, 9 September 2019) APPLICATION FOR STAY – application for disclosure of documents and identification of defendants.

[2019] NZEmpC 122 Bay of Plenty District Health Board v CultureSafe NZ Ltd (Interlocutory Judgment of Judge B A Corkill, 6 September 2019) APPLICATION FOR LEAVE TO FILE STATEMENT OF DEFENCE OUT OF TIME – Application granted.

[2019] NZEmpC 120 Amcor Flexibles (New Zealand) Ltd v Hunter (Consent Judgment of Judge K G Smith, 5 September 2019) CHALLENGE – CONSENT

[2019] NZEmpC 118 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment of Judge B A Corkill, 5 September 2019) BREACH OF COMPLIANCE ORDER – SANCTIONS – employee refuses to pay costs ordered – other proceedings stayed – fine not appropriate.

[2019] NZEmpC 116 Watts & Hughes Construction Ltd v de Buyzer (Judgment of Judge J C Holden, 4 September 2019) TRIAL PERIOD – whether trial period complied with required form – “to the effect that” – trial period was valid – counterclaim for employee misrepresentation – insufficient evidence – no loss caused by misrepresentation.

[2019] NZEmpC 114 Singh v Choudhary’s Holdings Ltd t/a Hawkeye Security (Consent Judgment of Judge J C Holden, 2 September 2019) CONSENT

[2019] NZEmpC 112 Elisara v Allianz New Zealand Ltd (Interlocutory Judgment of Chief Judge C Inglis, 28 August 2019) APPLICATION FOR ACCESS TO COURT DOCUMENTS – not opposed.

[2019] NZEmpC 110 A Labour Inspector v Gill Pizza Limited (Judgment of the full Court, 26 August 2019) JURISDICTION – Labour Inspectors – Where employee status is in dispute that issue must be determined via an application for a declaration under s 6(5) Employment Relations Act 2000.

[2019] NZEmpC 107 Suncorp New Zealand Employees Ltd v Timms (Interlocutory Judgment of Chief Judge C Inglis, 26 August 2019) APPLICATION FOR LEAVE TO EXTEND TIME – to file notice of opposition - application for stay – extension of time granted – application for stay declined.