Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 36 Application for access to court documents (Judgment of Chief Judge C Inglis, 2 April 2019) APPLICATION FOR ACCESS TO COURT DOCUMENTS – applicant is MBIE – research on equal pay – not opposed – application granted.

[2019] NZEmpC 34 Emmerson v Northland District Health Board (Judgment of Judge B A Corkill, 28 March 2019) PERSONAL GRIEVANCE – UNJUSTIFIED DISADVANTAGE – BULLYING – UNJUSTIFIED DISMISSAL – performance concerns – alleged drug use – serious misconduct because of improper prescription – whether grievances were raised within time – whether a continuous course of conduct – failure to provide supervision and training amounted to a disadvantage – incidents were exaggerated and did not amount to bullying – dismissal was unjustified because of lack of consideration of alternatives to dismissal and consideration given to allegations that were not investigated – remedies for unjustified dismissal reduced to 0 for reasons of equity and good conscience – remedies for unjustified disadvantage reduced for contribution.

[2019] NZEmpC 32 Canterbury Concrete Cutting New Zealand Ltd v Nicol (Consent Interlocutory Judgment of Judge K G Smith, 25 March 2019) APPLICATION FOR STAY OF AUTHORITY DETERMINATION – CONSENT.

[2019] NZEmpC 30 Nicholson v Ford (Costs Judgment of Chief Judge C Inglis, 22 March 2019) COSTS – costs guideline scale – whether plaintiff won by reducing penalties rather than eliminating them – novel issues arose – plaintiff breached good faith – costs not intended to punish.

[2019] NZEmpC 28 Waste Management NZ Ltd v Jones (Consent Judgment of Judge K G Smith, 15 March 2019) CONSENT – parties agreed to a stay.

[2019] NZEmpC 26 Moody v Chamberlain (Interlocutory Judgment of Chief Judge C Inglis, 12 March 2019) APPLICATION FOR APPOINTMENT OF LITIGATION GUARDIAN – whether party meets both limbs of incapacitation – application granted.

[2019] NZEmpC 24 Blue Water Hotel Ltd v VBS (Costs Judgment of Full Court, 6 March 2019) COSTS – defendant was legally aided – whether there were exceptional circumstances – delay was reasonable and explained – merits were not hopeless – no legal rights against advisors – no exceptional circumstances – whether there could be an order against counsel – no possible basis for such an order – whether an order could be made under s 45(5) of Legal Services Act – whether court should exercise discretion - case was a test case – costs should lie where they fall.

[2019] NZEmpC 22 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 4 March 2019) LEAVE TO EXTEND TIME TO FILE CHALLENGE – difficulty finding a lawyer – applicant was proactive – length of delay approximately average – respondent suffered some prejudice by delay – merits neither strong nor hopeless – factors finely balanced – application narrowly granted.

[2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc (Judgment of Judge K G Smith, 28 February 2019) FACILITATION – BREACH OF GOOD FAITH - FIXING – whether Authority correct to order fixing of terms of collective agreement -  consideration of grounds in s 50J – breach must be “sufficiently serious” and sustained to undermine bargaining – offer of further mediation not reasonable – fixing only effective remedy – challenge dismissed.

[2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer (Interlocutory Judgment of Judge B A Corkill, 27 February 2019) APPLICATION FOR EXTENSION OF TIME FOR PAYMENT INTO COURT – STRIKEOUT APPLICATION – payment to court not made through inadvertent error – paid late - wasted costs and disbursements paid to defendant – strikeout application for only part of the challenge – principles of strikeout and of abuse of process considered – application declined.

[2019] NZEmpC 16 Moody v Chamberlain (Interlocutory Judgment of Chief Judge Christina Inglis, 15 February 2019) APPLICATION FOR APPOINTMENT OF LITIGATION GUARDIAN – requirements of High Court Rules – affidavit evidence needed for one respondent – whether hybrid model appropriate – litigation guardian appointed under HCR 4.29, 4.38.

[2019] NZEmpC 14 ESKA Ltd v Beloous (interlocutory Judgment of Judge J C Holden, 12 February 2019 APPLICATION FOR STAY OF PROCEEDINGS – no basis for stay to be ordered – plaintiff in precarious financial position – order for stay declined – costs of $350.

[2019] NZEmpC 13 Rayner v Director-General of Health (Interlocutory Judgment of Judge B A Corkill, 11 February 2019) APPLICATION FOR LEAVE TO FILE CHALLENGE OUT OF TIME – consideration of factors to weigh up – application granted