Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2019] NZEmpC 165 New Zealand Compliance and Repairs Ltd v Mistry (Judgment of Judge M E Perkins, 15 November 2019) COSTS – proceedings had been dismissed for want of prosecution – costs guideline scale applied.

[2019] NZEmpC 163 May v Solidbuilt Construction 2017 Ltd (Consent Judgment of Judge M E Perkins, 13 November 2019) CONSENT.

[2019] NZEmpC 161 Saunders v The Chief Executive of the Inland Revenue Department (Costs Judgment of Judge J C Holden, 13 November 2019) COSTS ON APPLICATION FOR STAY OF PROCEEDING – application withdrawn – costs order not opposed – costs awarded.

[2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock (Judgment of Judge B A Corkill, 11 November 2019) CHALLENGE – unjustified dismissal – 90-day trial period – contract provided for “immediate” termination of employment during trail period – whether immediate termination valid notice – notice of the termination means giving advance notice – dismissal unjustified – challenge dismissed – sections 67A and 67B Employment Relations Act 2000.

[2019] NZEmpC 157 Van Kleef v Alliance Group Ltd (Interlocutory Judgment of Judge B A Corkill, 7 November 2019) APPLICATION FOR DISCLOSURE – disclosure principles considered – categories of requested documents considered – disclosure ordered – privilege a separate issue – to be dealt with by affidavit.

[2019] NZEmpC 155 George Weston Foods (NZ) Ltd v First Union Inc (Interlocutory Judgment of Judge J C Holden, 6 November 2019) CHALLENGE TO REDACTION OF DISCLOSED DOCUMENTS – two documents in dispute – one document not covered by privilege – unredacted copy ordered – redactions in second document relevant – discoverable in full – not to be shared at this stage.

[2019] NZEmpC 153 Savage v Wai Shing Ltd (Judgment of Judge B A Corkill, 1 November 2019) INTERIM REINSTATEMENT – SANCTION FOR BREACH OF COMPLIANCE ORDER -  tasks given were labour, not management – principles in imposing fine considered - $2,500 fine ordered – penalty declined.

[2019] NZEmpC 151 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 23 October 2019) NON-DE NOVO CHALLENGE – Unjustified disadvantage – unjustified dismissal – redundancy – failure to undertake remuneration review – lost wages – compensation – banding discussed – compensation increased – contribution discussed – contribution of 20 per cent – penalty not awarded – challenge allowed in part.!PLESE DETE