Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 97 Savrim v Wellington Hospitality Group Ltd (Interlocutory Judgment of Judge J C Holden, 3 July 2020) APPLICATION FOR LEAVE TO ADDUCE FURTHER EVIDENCE – inconsistency in evidence can be dealt with in submissions – some further evidence allowed.

[2020] NZEmpC 95 Rachelle v Air New Zealand Ltd (Costs Judgment of Judge K G Smith, 1 July 2020) COSTS – GUIDELINE SCALE – no grounds for opposing costs.

[2020] NZEmpC 93 Grigorovich v Precise Ltd (Costs Judgment of Chief Judge C Inglis, 1 July 2020) COSTS – GUIDELINE SCALE – applicant was not legally aided for this aspect of the proceedings.

[2020] NZEmpC 91 Dollar King Ltd v Jun (Judgment of Chief Judge C Inglis, 29 June 2020) PENALTIES – JURISDICTION – Authority imposed a penalty without application by any party – whether it had jurisdiction – statute expressly requires application from a party to impose a penalty – Authority did not have jurisdiction – determination set aside.

[2020] NZEmpC 89 Shalini Ltd v A Labour Inspector (Judgment of Judge M E Perkins, 24 June 2020) PENALTIES – QUANTUM – Authority was correct that living in employer’s property increased vulnerability – Authority was correct about employer’s financial ability – Authority did not need to take into account parties’ agreement on penalties – challenge dismissed.

[2020] NZEmpC 87 Freeborn v Sfizio Ltd (Judgment of Judge B A Corkill, 18 June 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – applicant reacted to discontinuance in a timely manner – no prejudice to respondent – overall justice favours granting leave.

[2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd (Costs Judgment of Judge M E Perkins, 16 June 2020) COSTS – successful party was self-represented barrister and solicitor – Calderbank offer valid – no evidence to allow for increased costs – Labour Inspector has a strong obligation to pursue claim – no increase in costs – costs guideline scale applied.

[2020] NZEmpC 83 Hurst v Hodgson (Judgment of Judge J C Holden, 11 June 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – determination already being challenged by related party – delay was impacted by COVID-19 – no objection from other parties – application granted.

[2020] NZEmpC 81 AlKazaz v Asparona Ltd (Interlocutory Judgment (No 3) of Judge M E Perkins, 11 June 2020) APPLICATION FOR FURTHER DISCLOSURE – claim relates to penalties – some further evidence to be disclosed.

[2020] NZEmpC 77 Kaukau t/a Sew & Sew v Hiri-Gualeni (Judgment of Judge J C Holden, 4 June 2020) GOOD FAITH REPORT – employer did not participate in Authority investigation process – challenge limited to issue of employment status only.

[2020] NZEmpC 78 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 3 June 2020) APPLICATION TO PARTICIPATE AT A HEARING BY AUDIO-VISUAL LINK – plaintiff lives in Dubai – difficulties with international travel due to pandemic – application granted.

[2020] NZEmpC 76 BR & SL Porter Ltd v Higgs (Interlocutory Judgment of Chief Judge C Inglis, 28 May 2020) APPLICATION FOR STAY – no evidence of employee’s financial position – application declined.

[2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education (Interlocutory Judgment of the full Court, 27 May 2020) OBJECTION TO CLOSING SUBMISSIONS – whether plaintiffs unfairly raised new legal framework to reverse burden of proof – closing submissions were consistent with pleadings and opening submissions – further evidence allowed in the interests of justice.