Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 73 Kazemi v Rightway Ltd (Reissued Judgment of Judge J C Holden, 11 June 2019) EMPLOYMENT PREMIUM – employee needed to pay $125,000 as buy-in fee to partnership scheme – test for whether a premium applied – whether benefit gained aside from employment – misrepresentation – breach of contract – whether contract is illegal – penalty imposed – costs.

[2019] NZEmpC 71 McNabb v Silver Fern Farms Ltd (Interlocutory Judgment of Judge J C Holden, 11 June 2019) APPLICATION FOR “UNLESS” ORDERS – non-compliance with court orders – failure not deliberate.

[2019] NZEmpC 69 Goleman Wellington Cleaning Ltd v Nicolle (Judgment of Judge K G Smith, 4 June 2019) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – APPLICATION TO VARY A STAY – company failed to challenge costs determination in time – whether extension is in the interests of justice.

[2019] NZEmpC 67 Hokotehi Maori Trust v Prater (Judgment of Judge B A Corkill, 30 May 2019) APPLICATION TO RAISE GRIEVANCE OUT OF TIME – EXCEPTIONAL CIRCUMSTANCES – whether trauma affected ability to raise grievance in time – whether agent unreasonably delayed – delay was only two days.

[2019] NZEmpC 65 Rayner v Director-General of Health (Judgment of Judge B A Corkill, 27 May 2019) UNJUSTIFIED DISMISSAL – UNJUSTIFIED SUSPENSION – employee investigated for fraudulent qualifications – refusal to participate in employer investigation for privacy reasons – breach of privacy – remedies – compensation bands – whether reinstatement reasonable and practicable – tense relationship with managers after investigation process.

[2019] NZEmpC 63 Auckland Council v Drought (Judgment of Judge J C Holden, 24 May 2019) APPLICATION TO STRIKE OUT CHALLENGE – MOOT – Authority determination based on two separate grounds, only one of which is challenged – whether challenge abuse of process or a collateral attack – whether challenge should be heard despite being moot.

[2019] NZEmpC 61 Reborn Holdings Ltd v Sharan (Costs Judgment of Judge B A Corkill, 20 May 2019) COSTS – proceedings were discontinued – plaintiff in the process of liquidation – plaintiff used legal aid.

[2019] NZEmpC 59 Kazemi v Rightway Ltd (Judgment of Judge J C Holden, 15 May 2019) Judgment reissued with new judgment number [2019] NZEmpC 73 and dated 11 June 2019 EMPLOYMENT PREMIUM – employee needed to pay $125,000 as buy-in fee to partnership scheme – test for whether a premium applied – whether benefit gained aside from employment – misrepresentation – breach of contract – whether contract is illegal – penalty imposed – costs.

[2019] NZEmpC 57 Cornish Truck & Van Ltd v Gildenhuys (Costs Judgment of Judge J C Holden, 15 May 2019) COSTS – costs guideline scale – whether relevant that counsel not a solicitor.

[2019] NZEmpC 55 Samuels v Employment Relations Authority (Consent Interlocutory Judgment of Chief Judge C Inglis, 13 May 2019) APPLICATION TO STRIKE OUT PART OF PLEADINGS – consent.

[2019] NZEmpC 53 CBA v ONM (Interlocutory Judgment of Judge B A Corkill, 7 May 2019) APPLICATION FOR ADJOURNMENT OF URGENT FIXTURE – return to work arrangements – unforeseen difficulties –payment to be paid during the interim.

[2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle (Interlocutory Judgment of Judge K G Smith, 3 May 2019) APPLICATION FOR STAY – principles for granting a stay considered – factors favour granting a stay.