Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 46 JCE v The Department of Corrections (Judgment of Judge K G Smith, 17 April 2020) REMEDIES – the Authority awarded $30,000 for hurt and humiliation for unjustified disadvantage – employee suffers PTSD and depression from assault during employment – Authority failed to consider breach of contract damages separately from compensation for personal grievance – compensation increased to $65,000 – the Authority awarded $26,061.54 for lost remuneration – Authority was correct to deduct ACC payments because the employer was an accredited employer.

[2020] NZEmpC 43 A Labour Inspector v Matangi Berry Farm Ltd (Judgment of Judge B A Corkill, 16 April 2020) PENALTIES – QUANTUM -  serious breaches under part 9A – breaches were in regard to many workers – workers were vulnerable – penalties had to be globalised to keep maximum figures realistic – Preet methodology applied - combined penalties of $127,200 awarded against the company and its director.

[2020] NZEmpC 40 Innovative Landscapes (2015) Ltd v Popkin (Judgment of Chief Judge C Inglis, 14 April 2020) UNJUSTIFIABLE DISMISSAL – REDUNDANCY – redundancy was genuine but process was insufficient – dismissal was therefore unjustifiable – one week’s unpaid wages awarded –employer’s financial circumstances do not impact on quantum of compensation - $15,000 awarded for compensation.

[2020] NZEmpC 41 Barnes v Canterbury Westland Kindergarten Association Inc (Interlocutory Judgment of Chief Judge C Inglis, 14 April 2020) APPLICATION FOR LEAVE TO VACATE FIXTURE – plaintiff has health issues - all parties consent – application granted.

[2020] NZEmpC 38 Goleman Wellington Cleaning Ltd v Nicolle (Costs Judgment of Judge K G Smith, 6 April 2020) COSTS – substantive proceedings withdrawn – costs guideline scale – uplift made because of GST status – uplift made because of rejection of settlement offer.

[2020] NZEmpC 36 Carrigan v Attorney-General (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 25 March 2020) APPLICATION FOR LEAVE TO APPEAR AS INTERVENOR – Human Rights Council applied to intervene – parties consent – leave granted.    

[2020] NZEmpC 34 Byrne v The New Zealand Transport Agency (Costs Judgment of Judge B A Corkilll, 18 March 2020) COSTS IN THE AUTHORITY – DAILY TARIFF – costs reduced because of conduct that unnecessarily increased costs – Calderbank offer was reasonably rejected – COSTS IN THE COURT – COSTS GUIDELINE SCALE.  

[2020] NZEmpC 32 Kocaturk v Zara’s Turkish Ltd (Interlocutory Judgment of Judge K G Smith, 13 March 2020) APPLICATION TO STRIKE OUT PART OF PROCEEDING – Court did not have jurisdiction to hear claims of breach of the Bill of Rights Act – Court did not have jurisdiction to hear claims of breach of the Human Rights Act – breach of good faith claims and Limitation Act not adequately pleaded but not struck out – statement of claim to be amended.

[2020] NZEmpC 30 Samuels v Employment Relations Authority (Interlocutory Judgment (No 4) of Chief Judge C Inglis, 13 March 2020) EVIDENCE – ADMISSIBILITY – documents are privileged and irrelevant – covert recording of Authority also irrelevant – evidence not admitted.

[2020] NZEmpC 28 Talbot Agriculture Ltd v Wate (Remedies Judgment of Judge K G Smith, 11 March 2020) REMEDIES FOR UNJUSTIFIED DISMISSAL – calculation of how much wages are owed – no evidence of loss for reimbursement of lost wages.

[2020] NZEmpC 26 Gibson-Smith v Ministry of Business, Innovation and Employment (Judgment of Judge B A Corkill, 10 March 2020) APPLICATION TO ADDUCE FURTHER EVIDENCE – case was already closed – Evidence Act and High Court Rules discussed – evidence is potentially relevant and should be discussed in more detail – evidence admitted.

[2020] NZEmpC 24 CBA v ONM (Costs Judgment of Judge B A Corkill, 10 March 2020) COSTS –GUIDELINE SCALE – various steps discussed in depth – reduction of 30% made for partial success – Calderbank offer was reasonable to reject in the circumstances – the fact that the losing party was a large government organisation does not merit an increase to full scale costs.

[2020] NZEmpC 21 A Labour Inspector v NewZealand Fusion International Ltd (in administration) (Interlocutory Judgment of Chief Judge C Inglis, 3 March 2020) APPLICATION FOR STAY – incomplete information on financial circumstances – bankruptcy would not necessarily prevent rehearing application from proceeding – grounds for application are weak – stay not granted.