Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 71 Grigorovich v Precise Ltd (Judgment of Chief Judge C Inglis, 27 May 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – no sufficient explanation for delay – delay was lengthy – no substantial prejudice on respondent – declining would not materially impact applicant – application declined.

[2020] NZEmpC 65 A Labour Inspector v LA Wheat Ltd (Interlocutory Judgment of Judge K G Smith, 22 May 2020) APPLICATION TO STRIKE OUT A PARTY – company was in liquidation at the time challenge was filed – company struck out as a defendant.

[2020] NZEmpC 69 A Labour Inspector v Jeet Holdings Ltd (Costs Judgment of Judge B A Corkill, 21 May 2020) COSTS – The Labour Inspector unsuccessfully opposed an application to vary a freezing order – defendants did not incur costs – no award of costs for defendants – third party did incur costs – Labour Inspector’s actions were reasonable – interests of justice dictate no award of costs.

[2020] NZEmpC 68 New Zealand Professional Firefighters Union v Fire and Emergency New Zealand (Judgment of Chief Judge C Inglis, 19 May 2020) APPLICATION FOR SPECIAL LEAVE TO REMOVE MATTER TO THE COURT – both parties agree – case involves important question of law – application granted.

[2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector (Judgment of Judge B A Corkill, 14 May 2020) NATURE OF EMPLOYMENT – SECTION 6 – taxi drivers were stated to be independent contractors – no written employment agreements – no common intention – some degree of control – drivers were not in business on their own account – evidence of industry practice was vague – taxi drivers were employees – MINIMUM STANDARDS OF EMPLOYMENT – employees were not paid minimum wage, holiday pay or rest breaks – company is unable to pay sums owing – directors could not be personally liable under s 234 or s 142W because they did not realise drivers were employees.

[2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd (Interlocutory Judgment of Judge B A Corkill, 7 May 2020) APPLICATION FOR DECLARATION OF WITHDRAWAL – client will not respond to counsel communications – client unable to be reached – application for substituted service – counsel did not attempt all options to reach client – application for joinder of third parties for costs – whether counsel should be liable for costs – failure to record client’s address was imprudent but not a very serious breach of rules of procedure – joinder not warranted.

[2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force (Costs Judgment of Judge B A Corkill, 6 May 2020) COSTS – GUIDELINE SCALE – orthodox approach applied - uplift for lack of GST registration.

[2020] NZEmpC 57 A Labour Inspector of Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd (Costs Judgment of Chief Judge C Inglis, 4 May 2020) COSTS – GUIDELINE SCALE.

[2020] NZEmpC 56 A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd (Interlocutory Judgment of Judge M E Perkins, 30 April 2020) FREEZING ORDER – freezing order discharged for four defendants– hearing adjourned because of COVID-19.

[2020] NZEmpC 53 Adventure Playground Rotorua Ltd v Isaac (Interlocutory Judgment (No 2) of Judge J C Holden, 28 April 2020) APPLICATION FOR STAY OF PROCEEDINGS – company not in financial position to pay Authority award – employee would be injuriously affected by a stay – application declined - APPLICATION FOR SECURITY FOR COSTS – company would not be in a position to pay an award of costs if its challenge does not succeed – security for costs ordered.

[2020] NZEmpC 51 O’Boyle v McCue (Interlocutory Judgment of Judge B A Corkill, 28 April 2020) DISCLOSURE – MEDICAL CONFIDENTIALITY – whether employee’s medical records should be disclosed – breach of medical confidentiality – evidence is not sufficiently relevant to determining the issues to outweigh the public interest in keeping medical records confidential – objection to disclosure upheld – APPLICATION TO AMEND STATEMENT OF CLAIM – amendment unnecessary – application dismissed.

[2020] NZEmpC 49 Maritime Union of New Zealand Inc v ISO Ltd (Interlocutory Judgment of Judge K G Smith, 22 April 2020) APPLICATION TO STRIKE OUT A PLAINTIFF – whether Union has standing when there is no collective agreement – Union is not “affected” under s 137(4)(a) and therefore does not have standing – union struck out - APPLICATION TO JOIN A PLAINTIFF – whether other employee can be joined as plaintiff – contracts were materially the same – plaintiff joined under s 221.

[2020] NZEmpC 47 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Costs Judgments of Judge K G Smith, 21 April 2020) COSTS – GUIDELINE SCALE – change in daily rate for part of proceedings.