Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 148 Cooper v Phoenix Publishing Ltd (Interlocutory Judgment of Judge K G Smith, 18 October 2019) APPLICATION FOR JOINDER – non-compliance by defendant with orders of Authority – application to join director – no jurisdiction to join under s 140(6) – dismissed.

[2019] NZEmpC 146 Alkazaz v Asparona Ltd (Interlocutory Judgment (No 2) of Judge M E Perkins, 16 October 2019) APPLICATION FOR SECURITY FOR COSTS – plaintiff overseas and whereabouts unknown - $15,000 security for costs ordered.

[2019] NZEmpC 144 CBA v ONM (Judgment of B A Corkill, 15 October 2019) UNJUSTIFIED DISADVANTAGE - discrimination - breach of contract - delay in RTW planning unjustified - involvement of specific manager unjustified - compensation awarded

[2019] NZEmpC 141 Savage v Wai Shing Ltd (Interlocutory Judgment of B A Corkill, 10 October 2019) CHALLENGE - Application for interim injunction - interim reinstatement order binding on employer – employer not to terminate employment unless Authority or Court rescinds or varies interim reinstatement order.

[2019] NZEmpC 140 Sfizio Ltd v Mawhinney (Interlocutory Judgment of B A Corkill, 9 October 2109) APPLICATION FOR STRIKE OUT - Application for stay - Application for security for costs -  Applications dismissed

[2019] NZEmpC 138 Eska Co Ltd (formerly known as Eska Ltd) v Beloous (Interlocutory Judgment (No 2) of Judge J C Holden, 8 October 2109) APPLICATION FOR SECURITY FOR COSTS – previous evidence of company’s precarious position – $7000 security for costs awarded - to be paid into the Court.

[2019] NZEmpC 136 Mero Business Ltd v Wood (Judgment of Judge K G smith, 7 October 2019) STRIKE-OUT FOR WANT OF PROSECUTION - application needed in order to serve overseas respondent – several efforts by Registry to elicit application – unless order given -   no application made –       struck out.

[2019] NZEmpC 134 Serforntein v Airways Corp of NZ Ltd (Judgment of Judge B A Corkill, 1 October 2019) DISCONTINUANCE – WANT OF PROSECUTION.

[2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic (Judgment of Judge J C Holden, 25 September 2019) WHETHER GRIEVANCE RAISED WITHIN 90 DAYS – WHETHER EMPLOYMENT AGREEMENT COMPLIED WITH STATUTE –  whether communications following end of employment constituted raising of a grievance – found to meet requirements – Authority to proceed with substantive investigation – explanation of grievance procedure not in plain language and therefore not compliant with the Act and is an exceptional circumstance contemplated by s 115(c).

[2019] NZEmpC 130 Packwood v ANZ Bank New Zealand Ltd (Judgment of Judge B A Corkill, 23 September 2019) APPLICATION TO STRIKE OUT PROCEEDINGS – settlement during Authority proceeding – no reasonably arguable claim of duress – strike out principles considered – binding settlement is full and final – claim struck out.

[2019] NZEmpC 128 Horizon Concepts Ltd v Hayward (Costs Judgment of Judge K G Smith, 17 September 2019) COSTS – GUIDELINE SCALE – inability to pay only relevant for recoverability, not quantum.

[2019] NZEmpC 126 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd (Judgment of Judge J C Holden, 11 September 2019) OVERTIME – CONTRACT INTERPRETATION – whether overtime is calculated over a week, offset by paid non-work hours, or whether all overtime must be paid – held that work done beyond rostered daily hours counts as overtime and is not to be offset against hours paid but not worked on other days.