Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2018] NZEmpC 149 Rauland NZ Ltd v Delvo (Interim Judgment of Judge M E Perkins, 14 December 2018) APPLICATION FOR SEARCH ORDER – urgency and without notice appropriate – strong prima facie case established – order granted.

[2018] NZEmpC 148 Bowen v Bank of New Zealand (Interlocutory Judgment of Judge J C Holden, 10 December 2018) APPLICATION FOR FREEZING ORDER AND PRESERVATION OF EVIDENCE – laptop and iPhone – BNZ proposal for preservation – whether grounds for preservation order established – proposal accepted but no orders made.

[2018] NZEmpC 146 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment (No 6) of Judge B A Corkill, 6 December 2018) STAY OF PROCEEDINGS PENDING APPEAL – stay application granted pending appeal by defendant – fixture will not proceed.

[2018] NZEmpC 144 FGH v RST (Consent Judgment of Judge B A Corkill, 6 December 2018) CONSENT – sum of $165,000– less applicable deductions to be paid to lawyers’ trust account.

[2018] NZEmpC 142 Noble v Ballooning Canterbury.Com Ltd (Costs Judgment of Judge J C Holden, 3 December 2018) COSTS ON APPLICATION FOR SECURITY FOR COSTS – whether costs should be fixed at this stage or reserved – if fixed, the level of costs - costs fixed in favour of defendant - $6,398.

[2018] NZEmpC 140 ITE v ALA (Interlocutory Judgment of Judge B A Corkill, 29 November 2018) APPLICATION FOR RESCISSION OR VARIATION OF ORDERS – reasons concern submissions on Protected Disclosures Act 2000 – orders have not been complied with and obligations remain– applicant does not come with clean hands – applications denied.

[2018] NZEmpC 138 Samuels v Employment Relations Authority (Judgment of Chief Judge Christina Inglis, 21 November 2018) STANDING TO BRING JUDICIAL REVIEW – interpretation of s 184(1) and s 184(1A) – whether breach of natural justice grounds for judicial review – approach to ouster clauses considered – David and Parker considered – Parker distinguished – plaintiff has standing -challenge not possible – judicial review can be brought for alleged breach of natural justice where other avenues are closed.

[2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board (Interlocutory Judgment of Judge J C Holden, 16 November 2018) APPLICATION FOR AVL WITNESS APPEARANCE – ADMISSIBILITY OF EVIDENCE – AVL application granted – all challenged evidence allowed – Court will consider relevance.

[2018] NZEmpC 134 Richora Group Ltd v Cheng (Costs Judgment of Chief Judge Christina Inglis, 13 November 2018) COSTS - $13,468 in favour of defendant.

[2018] NZEmpC 132 Nicholson v Ford (Judgment of Chief Judge Christina Inglis, 12 November 2018 PENALTY – AIDING AND ABETTING – QUANTUM – principles in applying and setting penalty considered – whether single course of conduct or multiple breaches – survey of penalty amounts - $7,500 penalty – 75% to defendant, 25% to Crown.

[2018] NZEmpC 128 Blue Water Hotel Ltd v VBS (Judgment of the Full Court, 7 November 2018) EXTENSION OF TIME – whether there is discretion to extend time for personal grievance after 3 years – analysis of ss 114(6), 219(1) and 221 – time limit in s 114(6) is mandatory – Parliamentary history considered – policies behind limitation periods in general considered – lack of discretion to extend the period is s 114(6) must be deliberate by Parliament – ss 219 and 221 are part of the Court’s special jurisdiction – cases discussed – ss 219 and 221 cannot be used to extend the time limit in s 114(6) – challenge allowed.

[2018] NZEmpC 129 Secretary for Justice, for and on behalf of the Ministry of Justice v New Zealand Public Service Association (Oral Interlocutory Judgment of Judge M E Perkins, 5 November 2018) STRIKE – INTERIM INJUNCTION – legal principles applied – application dismissed.

[2018] NZEmpC 126 Johnstone v Kinetic Employment Ltd (Interlocutory Judgment of Judge J C Holden, 26 October 2018) JURISDICTION – OBJECTION TO JURISDICTION - appropriate procedure for objection to jurisdiction – whether Authority has jurisdiction to order forensic examination of computers – whether Court has jurisdiction to challenge the Authority’s determination as to its jurisdiction to do that – whether s 179(5) prevents a challenge – Court may have jurisdiction – proceedings not dismissed – statement of defence to be filed.