Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 24 Blue Water Hotel Ltd v VBS (Costs Judgment of Full Court, 6 March 2019) COSTS – defendant was legally aided – whether there were exceptional circumstances – delay was reasonable and explained – merits were not hopeless – no legal rights against advisors – no exceptional circumstances – whether there could be an order against counsel – no possible basis for such an order – whether an order could be made under s 45(5) of Legal Services Act – whether court should exercise discretion - case was a test case – costs should lie where they fall.

[2019] NZEmpC 22 Zhang v Telco Asset Management Ltd (Judgment of Judge B A Corkill, 4 March 2019) LEAVE TO EXTEND TIME TO FILE CHALLENGE – difficulty finding a lawyer – applicant was proactive – length of delay approximately average – respondent suffered some prejudice by delay – merits neither strong nor hopeless – factors finely balanced – application narrowly granted.

[2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc (Judgment of Judge K G Smith, 28 February 2019) FACILITATION – BREACH OF GOOD FAITH - FIXING – whether Authority correct to order fixing of terms of collective agreement -  consideration of grounds in s 50J – breach must be “sufficiently serious” and sustained to undermine bargaining – offer of further mediation not reasonable – fixing only effective remedy – challenge dismissed.

[2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer (Interlocutory Judgment of Judge B A Corkill, 27 February 2019) APPLICATION FOR EXTENSION OF TIME FOR PAYMENT INTO COURT – STRIKEOUT APPLICATION – payment to court not made through inadvertent error – paid late - wasted costs and disbursements paid to defendant – strikeout application for only part of the challenge – principles of strikeout and of abuse of process considered – application declined.

[2019] NZEmpC 16 Moody v Chamberlain (Interlocutory Judgment of Chief Judge Christina Inglis, 15 February 2019) APPLICATION FOR APPOINTMENT OF LITIGATION GUARDIAN – requirements of High Court Rules – affidavit evidence needed for one respondent – whether hybrid model appropriate – litigation guardian appointed under HCR 4.29, 4.38.

[2019] NZEmpC 14 ESKA Ltd v Beloous (interlocutory Judgment of Judge J C Holden, 12 February 2019 APPLICATION FOR STAY OF PROCEEDINGS – no basis for stay to be ordered – plaintiff in precarious financial position – order for stay declined – costs of $350.

[2019] NZEmpC 13 Rayner v Director-General of Health (Interlocutory Judgment of Judge B A Corkill, 11 February 2019) APPLICATION FOR LEAVE TO FILE CHALLENGE OUT OF TIME – consideration of factors to weigh up – application granted

[2019] NZEmpC 10 123 Casino Ltd t/a 123 Palm Bar & Restaurant & Function Centre v Zuo (Interlocutory Judgment of Judge K G Smith, 11 February 2019) APPLICATION TO EXTEND TIME – failure to file statement of defence was oversight and minor – application granted

[2019] NZEmpC 8 Miller v Commissioner of Police (Interlocutory Judgment of Judge K G Smith, 4 February 2019) APPLICATION FOR A STAY OF EXECUTION – APPLICATION TO EXTEND TIME TO FILE A CHALLENGE – delay to file challenge was short and reason is adequate – application is granted – parties consent to stay.

[2019] NZEmpC 6 Cornish Truck & Van Ltd v Gildenhuys (Judgment of Judge J C Holden, 4 February 2019) UNJUSTIFIED DISMISSAL – whether employee was dismissed or resigned – contradiction in evidence between parties – employee version of events more credible – employee was unjustifiably dismissed - $6000 awarded for lost wages – for compensation, the statement of defence only asked for $7000 – compensation cannot be higher than requested in pleadings – compensation cannot be for post-employment conduct of the employer - $7000 awarded for compensation – no reduction made for contribution.

[2019] NZEmpC 4 Aslan Farms Ltd v Johnstone (Consent Judgment of Judge K G Smith, 30 January 2019) CONSENT – parties reached agreed terms of settlement – publication of the contents is prohibited.

[2019] NZEmpC 2 Clearkin v Geneva Healthcare Ltd (Judgment of Chief Judge Christina Inglis, 23 January 2019) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGE – interests of justice considered – application granted.