Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 87 Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge K G Smith, 26 July 2019) DECLARATION - Holidays Act 2003 – Meaning of “regular” – s 8(2) Holidays Act 2003 – No requirement to include in the calculation of ordinary weekly pay commission payments received during the four-week period preceding annual holiday. 

[2019] NZEmpC 85 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Costs judgement of Judge K G Smith, 19 July 2019) COSTS – guideline scale – uplift awarded

[2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd (Judgment of Judge K G Smith, 15 July 2019) NON-DE NOVO CHALLENGES – RESTRAINT OF TRADE – DAMAGES – INDEMNITY CLAUSE – COSTS – s 238 Employment Relations Act 2000.

[2019] NZEmpC 81 Emmanuel v Waikato District Health Board (Judgment of Judge J C Holden, 4 July 2019) UNJUSTIFIED DISMISSAL – employee timeliness issues – previous warnings – misleading statements by employee – whether process was fair – whether summary dismissal was warranted.

[2019] NZEmpC 79 Watts & Hughes Construction Ltd v De Buyzer (Judgment of Judge J C Holden, 1 July 2019) APPLICATION FOR NON-PUBLICATION ORDERS – principle of open justice.

[2019] NZEmpC 77 Sawyer v Vice-Chancellor of Victoria University of Wellington (Interlocutory Judgment of Judge K G Smith, 28 June 2019) APPLICATION FOR RECUSAL – no legal justification given for recusal.

[2019] NZEmpC 75 Horizon Concepts Ltd v Hayward (Judgment of Judge K G Smith, 24 June 2019) WHETHER EMPLOYEE OR CONTRACTOR – parties initially in an employment relationship – parties intended to switch to independent contractor relationship – tests considered.

[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.