[2020] NZEmpC 6 Dollar King Ltd v Jun (Consent Judgment of Chief Judge C Inglis, 17 February 2020) APPLICATION FOR STAY – CONSENT.
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[2020] NZEmpC 6 Dollar King Ltd v Jun [PDF, 105 KB] -
[2020] NZEmpC 5 Duncan v Southern Milk Transport Ltd [PDF, 316 KB] [2020] NZEmpC 5 Duncan v Southern Milk Transport Ltd (Costs Judgment of Judge K G Smith, 17 February 2020) COSTS – GUIDELINE SCALE.
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[2020] NZEmpC 4 Innovative Landscapes (2015) Ltd v Popkin [PDF, 137 KB] [2020] NZEmpC 4 Innovative Landscapes (2015) Ltd v Popkin (Interlocutory Judgment of Chief Judge C Inglis, 10 February 2020) APPLICATION TO HEAR EVIDENCE AT A DISTANCE – evidence via audio-visual link – Courts (Remote Participation) Act 2010, s 5 – fair trial – application granted.
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[2020] NZEmpC 3 Canterbury Westland Kindergarten Assoc Inc v Barnes [PDF, 127 KB] [2020] NZEmpC 3 Canterbury Westland Kindergarten Assoc Inc v Barnes (Interlocutory Judgment of Chief Judge C Inglis, 7 February 2020) APPLICATION FOR STAY – potential difficulty repaying award – stay granted.
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[2020] NZEmpC 2 A Labour Inspector v Jeet Holdings [PDF, 264 KB] [2020] NZEmpC 2 A Labour Inspector v Jeet Holdings (Interlocutory Judgment of Judge B A Corkill, 31 January 2020) APPLICATION FOR VARIATION OF A FREEZING ORDER – creditor has security over property – initial freezing order prevented sale of property – order varied to allow sale.
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[2020] NZEmpC 1 Tupuanga v Auckland Meat Processors Ltd [PDF, 120 KB] [2020] NZEmpC 1 Tupuanga v Auckland Meat Processors Ltd (Interlocutory Judgment of Chief Judge C Inglis, 28 January 2020) APPLICATION FOR SECURITY FOR COSTS – no evidence of impecuniosity – application dismissed.
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[2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [PDF, 379 KB] [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd (Judgment of Judge K G Smith, 20 December 2019) STRIKE OUT – 90 day trial period – whether proper notice was given of dismissal – termination notice referred to clause but not exact period of leave – notice was valid – strike out application successful.
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[2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force [PDF, 394 KB] [2019] NZEmpC 192 Johnson v Chief of the New Zealand Defence Force (Judgment of Judge B A Corkill, 19 December 2019) UNJUSTIFIED DISADVANTAGE – alleged sending of critical email – no action taken but assumption that allegation true - law on disadvantage considered – plaintiff put to burden of proof – inadequate enquiry – plaintiff was unjustifiably disadvantaged - $20,000 compensation plus 50% contribution to costs – interest – recommendation under s 123(1)(ca).
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[2019] NZEmpC 197 Suncorp New Zealand Employees Ltd v Timms [PDF, 104 KB] [2019] NZEmpC 197 Suncorp New Zealand Employees Ltd v Timms (Consent Judgment of Judge M E Perkins, 19 December 2019) CONSENT – terms confidential - proceedings discontinued.
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[2019] NZEmpC 196 A v N Ltd [PDF, 130 KB] [2019] NZEmpC 196 A v N Ltd (Costs Judgment of Judge M E Perkins, 19 December 2019) COSTS – COSTS AT AUTHORITY – CALDERBANK – costs of $10,000 in respect of both Authority and Court proceedings.
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[2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [PDF, 377 KB] [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE (Judgment of Judge K G Smith, 19 December 2019) STRIKE OUT APPLICATION – Authority findings on Corrections staffing – whether matter is moot – meaning considered – strike out application successful.
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[2019] NZEmpC 194 Labour Inspector v Jeet Holdings Ltd and ors [PDF, 101 KB] [2019] NZEmpC 194 A Labour Inspector v Jeet Holdings Ltd (Oral Judgment of Judge M E Perkins, 19 December 2019) RENEWING AND CONTINUING FREEZING ORDER – order continued until lifted by the Court
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[2019] NZEmpC 193 Ikundabose v McWatt Group Ltd [PDF, 214 KB] [2019] NZEmpC 193 Ikundabose v McWatt Group Ltd (Judgment of Judge M E Perkins, 18 December 2019) REDUNDANCY – UNJUSTIFIED DISMISSAL – NON-PUBLICATION - whether redundancy not genuine – redundancy principles considered – redundancy for genuine reasons - procedure fair – no grounds for non-publication – challenge dismissed.
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[2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [PDF, 448 KB] [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd (Judgment of Judge K G Smith, 17 December 2019) UNJUSTIFIED DISMISSAL – BULLYING - no evidence to support claims – challenge dismissed.
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[2019] NZEmpC 190 Maddigan v Director-General of Conservation [PDF, 304 KB] [2019] NZEmpC 190 Maddigan v Director-General of Conservation (Judgment of Judge Christina Inglis, 17 December 2019) UNJUSTIFIED DISMISSAL - REMEDIES – REINSTATEMENT - unfair process – defects more than minor – dismissal substantively unjustified – penalty of $5,000 for breach of good faith – mitigation considered – 13 weeks’ lost wages awarded - $18,000 compensation – 20% reduction for contribution – reinstatement declined.
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[2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department [PDF, 217 KB] [2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department (Interlocutory Judgment (No 1) of Judge B A Corkill, 17 December 2019) APPLICATION FOR JOINDER – joinder principles considered – application granted – third party to be joined.
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[2019] NZEmpC 188 A Labour Inspector of Ministry of Business Innovation and Employment v Jeet Holdings Ltd [PDF, 148 KB] [2019] NZEmpC 188 A Labour Inspector of Ministry of Business Innovation and Employment v Jeet Holdings Ltd (Judgment of Judge M E Perkins, 13 December 2019) APPLICATION FOR FREEZING ORDER – without notice – following investigation of Corianders Restaurants – breaches of minimum entitlements – evidence of sale of significant assets – application granted.
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[2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [PDF, 411 KB] [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency (Judgment of Judge B A Corkill, 13 December 2019) BREACH OF NON-DISPARAGEMENT CLAUSE – interpretation of clause – remarks made to subsequent employer amounted to breach of settlement clause – declaration of breach and compliance order made – challenge succeeded.
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[2019] NZEmpC 186 Shalini Ltd v A Labour Inspector [PDF, 114 KB] [2019] NZEmpC 186 Shalini Ltd v A Labour Inspector (Interlocutory Judgment (No 2) of Judge M E Perkins, 12 December 2019) APPLICATION FOR VARIATION OF ORDER - application to make payments into Court by instalment – declined.
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[2019] NZEmpC 185 Phoenix Publishing Ltd v Thompson [PDF, 296 KB] [2019] NZEmpC 185 Phoenix Publishing Ltd v Thompson (Judgment of Judge K G Smith, 12 December 2019) STRIKE OUT – proceedings struck out for want of prosecution.
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[2019] NZEmpC 184 Allied Investments Ltd t/a Allied Security v Cradock [PDF, 156 KB] [2019] NZEmpC 184 Allied Investments Ltd t/a Allied Security v Cradock (Judgment of Judge B A Corkill, 12 December 2019) COSTS – costs order by consent.
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[2019] NZEmpC 183 Duncan v Southern Milk Transport Ltd [PDF, 309 KB] [2019] NZEmpC 183 Duncan v Southern Milk Transport Ltd (Judgment of Judge K G Smith, 12 December 2019) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – delay not explained – application dismissed.
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[2019] NZEmpC 182 Commissioner of Police v New Zealand Police Association Inc [PDF, 174 KB] [2019] NZEmpC 182 Commissioner of Police v New Zealand Police Association Inc (Judgment of Judge B A Corkill, 12 December 2019) APPLICATION FOR STAY OF PROCEEDINGS – Stay granted by consent
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[2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd [PDF, 299 KB] [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd (Judgment of Chief Judge Christina Inglis, 11 December 2019) MINIMUM ENTITLEMENTS – Guan - serious breaches – declaration of breach – pecuniary penalties – compensation order – banning orders – interest award – premium for employment – immigration.
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[2019] NZEmpC 180 Allied Petroleum Ltd v First Union Inc [PDF, 85 KB] [2019] NZEmpC 180 Allied Petroleum Ltd v First Union Inc (Judgment of Chief Judge Christina Inglis, 10 December 2019) CONSENT – consent orders - applications withdrawn.