[2020] NZEmpC 120 Mataura Valley Milk Ltd v Scott (Oral Judgment of Judge K G Smith, 10 August 2020) SEARCH ORDER – search order was conducted – orders sought arising from search order report - consent.
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[2020] NZEmpC 120 Mataura Valley Milk Ltd v Scott [PDF, 156 KB] -
[2020] NZEmpC 122 HST v KAG [PDF, 150 KB] [2020] NZEmpC 122 HST v KAG (Judgment of Judge K G Smith, 10 August 2020) APPLICATION FOR EXTENSION OF TIME TO FILE A CHALLENGE – employer challenged decision, prompting employee to also want to challenge – employer received extension of time to challenge costs – inconsistent with equity and good conscience to deny application.
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[2020] NZEmpC 121 KAG v HST [PDF, 217 KB] [2020] NZEmpC 121 KAG v HST (Interlocutory Judgment of Judge K G Smith, 10 August 2020) APPLICATION FOR STAY – financial impact of COVID-19 lockdown on company cashflow – employee admits she would not be able to repay sum if challenge succeeds – stay granted - APPLICATION FOR EXTENSION OF TIME TO FILE A CHALLENGE – company wants to also challenge costs determination – employee consents – application granted.
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[2020] NZEmpC 119 BR & SL Porter Ltd v Higgs [PDF, 112 KB] [2020] NZEmpC 119 BR & SL Porter Ltd v Higgs (Costs Judgment of Chief Judge C Inglis, 10 August 2020) COSTS – application was straightforward - $1,750 awarded.
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[2020] NZEmpC 118 Savrim v Wellington Hospitality Group Ltd [PDF, 185 KB] [2020] NZEmpC 118 Savrim v Wellington Hospitality Group Ltd (Judgment of Judge J C Holden, 10 August 2020) APPLICATION FOR EXTENSION OF TIME TO FILE A CHALLENGE – delay was lengthy – evidence puts in doubt claim that applicant was not aware of determination – applicant has a history of non-cooperation and delay – overall justice supports application being denied.
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[2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd [PDF, 222 KB] [2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd (Judgment of Judge K G Smith, 5 August 2020) APPLICATION FOR ACCESS TO COURT DOCUMENTS – access opposed by Fletcher Construction – request goes beyond documents in the formal court record – private information about individuals – access granted only to formal Court record.
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[2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [PDF, 190 KB] [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 4 August 2020) APPLICATION FOR STAY OF PROCEEDINGS – Labour Inspector has applied for consequential orders – stay is sought until after application for rehearing - insufficient evidence of precarious financial position – merits of application for rehearing are weak – balance of convenience weighs against granting stay.
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[2020] NZEmpC 115 Kohli v Brahmbhatt [PDF, 175 KB] [2020] NZEmpC 115 Kohli v Brahmbhatt (Judgment of Judge J C Holden, 4 August 2020) APPLICATION TO STRIKE OUT PROCEEDINGS – security for costs were ordered but not paid – delay is relatively short so far – final opportunity granted for security to be paid.
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[2020] NZEmpC 114 Ikundabose v McWatt Group Ltd [PDF, 242 KB] [2020] NZEmpC 114 Ikundabose v McWatt Group Ltd (Judgment of Judge M E Perkins, 31 July 2020) APPLICATION FOR REHEARING – application was made after limitation period – insufficient explanation for the delay – application declined - APPLICATION FOR SECURITY FOR COSTS – not considered because application for rehearing was declined – COSTS – Authority’s costs award confirmed – employee made Court proceedings prolonged and difficult – early offer of settlement was rejected – large costs award would cause hardship – costs guideline scale applied without adjustment – costs also awarded for unsuccessful application for rehearing.
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[2020] NZEmpC 113 Chamberlain t/a Feaver Florist v Bruning [PDF, 138 KB] [2020] NZEmpC 113 Chamberlain t/a Feaver Florist v Bruning (Consent Judgment of Judge M E Perkins, 31 July 2020) COMPLIANCE ORDER – CONSENT.
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[2020] NZEmpC 112 Mataura Valley Milk Ltd v Scott [PDF, 225 KB] [2020] NZEmpC 112 Mataura Valley Milk Ltd v Scott (Judgment of Judge K G Smith, 30 July 2020) APPLICATION FOR SEARCH ORDER WITHOUT NOTICE – evidence that former employee was passing confidential information to competitor – search notice granted.
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[2020] NZEmpC 110 Cowan v Kidd [PDF, 327 KB] [2020] NZEmpC 110 Cowan v Kidd (Judgment of Judge J C Holden, 28 July 2020) NATURE OF EMPLOYMENT – WAGE ARREARS – parties were friends but the true nature of the relationship was casual employment – employee received no wages during employment - difficulties in calculating hours worked over many years – appropriate rate of pay was minimum wage without agreement to the contrary – employee was not unjustifiably dismissed because he was employed on a casual basis - $20,000 awarded in penalties.
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[2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd [PDF, 218 KB] [2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd (Oral Judgment of Judge K G Smith, 28 July 2020) APPLICATION FOR SANCTIONS – company has not complied with a compliance order – breach was deliberate and wilful – company failed to participate in proceedings other than to stall - $12,000 penalty awarded.
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[2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department [PDF, 333 KB] [2020] NZEmpC 109 McCook v Chief Executive of the Inland Revenue Department (Judgment of Judge B A Corkill, 27 July 2020) CHALLENGE TO OBJECTION AS TO DISCLOSURE – objections to documents were on grounds of relevance, confidentiality, and oppressiveness – confidential documents to be disclosed only to counsel – some documents irrelevant – while search of documents may be difficult, materials should be disclosed - APPLICATION FOR DIRECTIONS AS TO REPRESENTATION – plaintiffs apply to represent 36 other persons – inquiry will be fact-specific – insufficient commonality of interest - representative approach is not justified.
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[2020] NZEmpC 108 Sri Guru Singh Sabha Auckland Inc v Singh [PDF, 107 KB] [2020] NZEmpC 108 Sri Guru Singh Sabha Auckland Inc v Singh (Consent Judgment of Judge J C Holden, 24 July 2020) CONSENT.
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[2020] NZEmpC 107 Appleyard v CoreLogic NZ Ltd [PDF, 190 KB] [2020] NZEmpC 107 Appleyard v CoreLogic NZ Ltd (Judgment of Judge M E Perkins, 23 July 2020) TRIAL PERIOD – whether notice was properly given – letter stated termination would occur “effective immediately” but also provided payment in lieu of notice – only reasonable interpretation is that one week’s notice was provided – no personal grievance available.
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[2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd [PDF, 225 KB] [2020] NZEmpC 106 Kiteley v Carbine Aginvest Corp Ltd (Judgment of Judge M E Perkins, 23 July 2020) UNJUSTIFIABLE DISMISSAL - REDUNDANCY – employee not offered role similar to the one disestablished – role did not actually exist - redundancy was undertaken for legitimate business purposes – dismissal was not unjustifiable.
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[2020] NZEmpC 105 Ceres New Zealand LLC v DJK [PDF, 124 KB] [2020] NZEmpC 105 Ceres New Zealand LLC v DJK (Interlocutory Judgment of Chief Judge C Inglis, 15 July 2020) APPLICATION FOR LEAVE TO HEAR EVIDENCE AT A DISTANCE – witness resides in Florida and travel is difficult because of COVID-19 – application is not opposed – application granted.
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[2020] NZEmpC 104 Sinton v Coatesville Motors 2013 Ltd [PDF, 112 KB] [2020] NZEmpC 104 Sinton v Coatesville Motors 2013 Ltd (Costs Judgment of Chief Judge C Inglis, 15 July 2020) COSTS – plaintiff withdrew application for stay – costs actually incurred were not reasonable - $750 awarded.
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[2020] NZEmpC 103 Ashby v NIWA Vessel Management Ltd [PDF, 173 KB] [2020] NZEmpC 103 Ashby v NIWA Vessel Management Ltd (Judgment of Judge J C Holden, 13 July 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – challenge was 10 days out of time – justification provided for delay – no prejudice to respondent – merits somewhat questionable - leave granted.
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[2020] NZEmpC 102 Pfenniger v Blume [PDF, 164 KB] [2020] NZEmpC 102 Pfenniger v Blume (Interlocutory Judgment of Judge J C Holden, 13 July 2020) APPLICATION FOR LEAVE TO SERVE A DEFENDANT OVERSEAS – defendant resides in Germany – defendant is alleged to be the employer – application granted.
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[2020] NZEmpC 101 McNabb v Silver Fern Farms Ltd [PDF, 196 KB] [2020] NZEmpC 101 McNabb v Silver Fern Farms Ltd (Interlocutory Judgment (No 4) of Judge J C Holden, 10 July 2020) ADMISSIBILITY OF EVIDENCE – DISCLOSURE – employer sought copies of proceedings in Family Court relating to employee – disclosure would be in breach of Family Court Act 1980 – public interest in Family Court proceedings remaining confidential precludes disclosure.
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[2020] NZEmpC 100 Alliance Group Ltd v Leckie [PDF, 110 KB] [2020] NZEmpC 100 Alliance Group Ltd v Leckie (Consent Judgment of Judge B A Corkill, 10 July 2020) APPLICATION FOR STAY - CONSENT.
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[2020] NZEmpC 98 Tolson v Potter [PDF, 173 KB] [2020] NZEmpC 98 Tolson v Potter (Judgment of Judge J C Holden, 10 July 2020) PENALTIES – whether employer company’s director/shareholder should be personally liable for underpayment to employee – director did not assume personal responsibility – no proof of intentional action taken to aid or abet company’s breaches – no personal liability for director.
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[2020] NZEmpC 99 Assoc of Professionals and Executive Employees Inc v Counties Manukau District Health Board [PDF, 299 KB] [2020] NZEmpC 99 Assoc of Professionals and Executive Employees Inc v Counties Manukau District Health Board (Judgment of Judge B A Corkill, 6 July 2020) CONTRACTUAL INTERPRETATION – SICK LEAVE – part-time employees contractually entitled to “pro rata” sick leave of 10 days per year – whether pro rata means proportion of days or proportion of hours – employer’s initial practice to proportion by hours indicates parties’ intention – apportioning by hours leads to fairer outcomes – correct approach is to apportion by hours.