Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Interlocutory Judgment of Judge K G Smith, 2 May 2019) APPLICATION FOR STAY – PROCEEDINGS IN ANOTHER COURT – stay principles considered - application to confirm identity of parties – application for directions on whether counsel can represent parties.

[2019] NZEmpC 47 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd (Judgment of the Full Court, 2 May 2019) AVAILABILITY PROVISION – whether s 67D intended to only apply to zero-hour contracts – whether compulsory overtime provisions amount to availability provision – whether employees on a salary that includes reasonable compensation for availability.  

[2019] NZEmpC 45 Chambers v Pelabon (Judgment of Judge B A Corkill, 18 April 2019) COMPLIANCE ORDER – whether compliance should be ordered against holding company and director – good faith issue during Authority investigation – challenge limited to certain issues – whether Lawrence Publishing Co of New Zealand Ltd is applicable under Employment Relations Act 2000 – compliance can be ordered not only against employer – compliance ordered against holding company and director.

[2019] NZEmpC 43 Moody v Chamberlain (Interlocutory Judgment of Chief Judge C Inglis, 9 April 2019) APPLICATION FOR LEAVE TO APPEAR AND BE HEARD – application by New Zealand Council of Trade Unions and Human Rights Commission – opposed by Attorney-General – case could have far-reaching consequences – both applicants have proper interest in the matter – leave granted.

[2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge (Interlocutory Judgment of Judge K G Smith, 5 April 2019) APPLICATION TO STRIKE OUT PROCEEDINGS – challenge to two Authority determinations – whether statement of claim discloses no reasonable cause of action – parties had significant disagreements – issues cannot be resolved in a summary way – proceedings not struck out.

[2019] NZEmpC 39 Rachelle v Air New Zealand Ltd (Interlocutory Judgment of Judge K G Smith, 4 April 2019) APPLICATION TO STRIKE OUT PART OF PROCEEDING – unjustified dismissal claim not raised within 90 days – opportunity to amend statement of claim not taken – claim struck out.

[2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd (Judgment of Judge B A Corkill, 3 April 2019) ENTITLEMENT TO REST BREAKS – Land Transport Rules on rest breaks considered – whether LTA rules prevail over ERA rest break provisions – regimes should apply side-by-side – whether operational issues eliminate most breaks – whether appropriate access to toilets – rest breaks are compliant with ERA.

[2019] NZEmpC 35 Elisara v Allianz New Zealand Ltd (Interlocutory Judgment of Chief Judge C Inglis, 29 March 2019) APPLICATION FOR ORDER OF SUPPLEMENTARY AFFIDAVIT –affidavit inadequate – supplementary affidavit to be filed.

[2019] NZEmpC 33 Opai v Commissioner of Police (Interlocutory Chief Judge C Inglis, 25 March 2019) APPLICATION FOR STAY OF CHALLENGE – CONSENT.

[2019] NZEmpC 31 Talbot Agriculture Ltd v Wate (Judgment of Judge K G Smith, 22 March 2019) UNJUSTIED DISMISSAL – TRIAL PERIOD – whether there was an employment relationship before trial period was signed – whether employee was a volunteer – whether employee’s dismissal was justified under s 103A – inadequate consultation about performance concerns – employee was unjustifiably dismissed.

[2019] NZEmpC 29 Wendco (NZ) Ltd v Unite Inc (Costs Judgment of Chief Judge C Inglis, 21 March 2019) COSTS – proceedings were discontinued after successful facilitation – High Court rules discussed – guideline scale applied.

[2019] NZEmpC 27 Barbara Buckett & Assoc t/a Buckett Law v Farani (Interlocutory Judgment of Chief Judge C Inglis, 13 March 2019) APPLICATION FOR SUBSTITUTED SERVICE – difficulties serving statement of claim on defendant – delay in making application – application granted.