Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[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.

[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.

[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.

[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.

[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.

[2019] NZEmpC 179 Batchelor Construction Ltd t/a Handrail Solutions Ltd (Consent Judgment of Judge K G Smith, 5 December 2019) APPLICATION FOR STAY OF EXECUTION – stay by consent

[2019] NZEmpC 177 Burwell v Rightway Ltd (Judgment of Judge J C Holden, 4 December 2019) CONSENT JUDGMENT

[2019] NZEmpC 175 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 28 November 2019) APPLICATION FOR RECALL – slip in judgment corrected – not satisfied grounds for recall made out – application dismissed.

[2019] NZEmpC 173 Allied Investments Ltd v Flowers (Judgment of Judge K G Smith, 25 November 2019) HOLIDAYS ACT 2003 – transfer of part of public holiday – agreement did not satisfy requirements of s 44A Holidays Act 2003.

[2019] NZEmpC 170 Shalini Ltd v A Labour Inspector (Interlocutory Judgment of Judge M E Perkins, 22 November 2019) APPLICATION FOR STAY OF EXECUTION – penalty from Authority of $100,000 – question of inability to pay – important for company to keep trading – stay granted on condition of paying $30,000 into the Court.

[2019] NZEmpC 169 Rauland NZ Ltd v Delvo (Judgment of Judge M E Perkins, 21 November 2019) REMOVAL FROM AUTHORITY– application for search order completed – Court role ended - substantive matter not filed at Authority until after application for search order – removal on mistaken grounds - referred back to Authority.

[2019] NZEmpC 167 Bradley v Ngāti Apa Ki Te Rā Tō Charitable Trust (Judgment of Judge K G Smith, 20 November 2019) CHALLENGE – unjustified constructive dismissal – breach of good faith – investigation into allegations not premature and no improper motive – no breach of good faith – entitled to take resignation at face value – challenged dismissed – NON-PUBLICATION ORDER – Non-publication of name of manager and identifying details.