Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 14 Thorne v Rolton (Costs Judgment of Judge K G Smith, 26 February 2020) COSTS – COSTS GUIDELINE SCALE.

[2020] NZEmpC 12 Cooper v Phoenix Publishing Ltd (Interlocutory Judgment No.3 of Judge K G Smith, 21 February 2020) APPLICATION FOR WASTED COSTS – costs awarded.

[2020] NZEmpC 10 Holland v OCS Ltd (Oral Judgment of Judge K G Smith, 21 February 2020) PERSONAL GRIEVANCE – TIME LIMITATION – grievance lodged in the Authority outside of the s 114(6) limitation period – challenge cannot proceed.

[2020] NZEmpC 8 Visagie v WorkSafe New Zealand (Judgment of Chief Judge C Inglis, 18 February 2020) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS TO THE COURT – important question of law regarding interpretation of collective agreement – availability of damages for breach of good faith – Authority well placed to deal with the matter – leave

[2020] NZEmpC 6 Dollar King Ltd v Jun (Consent Judgment of Chief Judge C Inglis, 17 February 2020) APPLICATION FOR STAY – CONSENT.

[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.

[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.

[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.

[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.

[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.

[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.

[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.

[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.