Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2018] NZEmpC 125 Rightway Ltd v Burwell (Judgment of Judge J C Holden, 26 October 2018) CHALLENGE TO AUTHORITY REMOVAL – whether Authority should have exercised discretion even when there was an important question of law – relative efficiencies of processes – related case already going through the Court – challenge dismissed.

[2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board (Judgment of Judge K G Smith, 19 October 2018) UNJUSTIFIED DISMISSAL – 90-DAY TRIAL – DEFINITION OF EMPLOYEE – whether second employment agreement contained invalid trial period as plaintiff had been previously employed in first agreement – purpose of trial period is to observe work – second trial period valid – dismissal without notice did not comply with s 67B(1) – unjustifiable dismissal found – remedies of 12 months’ salary, compensation of $25,000.

[2018] NZEmpC 121 Solid Roofing Ltd v Newman (Interlocutory Judgment of Judge M E Perkins, 15 October 2018) GOOD FAITH REPORT – plaintiff failed to engage with Authority in good faith – hearing de novo ordered – leave granted for defendant to seek further particulars and for submissions in support of stay of execution.

[2018] NZEmpC 119 Tait v Robin (Oral Judgment of Judge M E Perkins, 10 October 2018) COMPLIANCE ORDER – amount still owing from remedies and costs previously awarded – parties agree to payment by instalments.

[2018] NZEmpC 117 GEA Process Engineering Ltd v Schicker (Interlocutory Judgment of Judge M E Perkins, 2 October 2018) GOOD FAITH REPORT – legal principles applying – two determinations challenged and in conflict - inconclusive as to whether passive obstruction was failure of good faith – defendant’s costs to this point to be met by plaintiff – plaintiff to decide how to resolve conflicting challenges.

[2018] NZEmpC 115 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust (Interlocutory Judgment of Judge M E Perkins, 1 October 2018) GOOD FAITH REPORT – APPLICATION FOR STAY  - compliance orders previously made by Authority – time expired for challenge application for stay of penalties and damages – – good faith report suggested breach - issues still to be canvassed at hearing involve important points of principle – stay allowed subject to strict conditions.

[2018] NZEmpC 113 Richora Group Ltd v Cheng (Judgment of Chief Judge Christina Inglis, 26 September 2018) UNJUSTIFIABLE CONSTRUCTIVE DISMISSAL – no employment agreement until point of dismissal – no process for investigating allegation – post-employment actions of employer –three months lost remuneration plus unpaid wages ordered – factors in assessing quantum of compensation considered – high end harm - greater compensation than claimed could not be awarded – $20,000 ordered in favour of defendant.

[2018] NZEmpC 110 A Labour Inspector v Prabh Ltd (Judgment of Judge M E Perkins, 24 September 2018) BREACH OF MINIMUM STANDARDS – PENALTIES – serious breaches – vulnerable employees – immigration issues – principles applying to calculation of penalties – Preet method followed – pre-and post-April 2016 not treated differently – importance of deterrence – banning orders not imposed – penalties against company - $100,000; against directors - $16,000 each. - $10,000 direct to each employee, otherwise to Crown.

[2018] NZEmpC 109 A Labour Inspector v Daleson Investment Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 20 September 2018) AFFIRMATIVE DEFENCES – NATURE AND EXTENT OF HEARING – questions for hearing defined.

[2018] NZEmpC 106 X v The Chief Executive of the Department of Corrections (Judgment of Judge K G Smith, 17 September 2018) UNJUSTIFIED DISMISSAL – HARASSMENT – ending of intimate relationship led to ongoing harassment – police safety order sought – plaintiff admitted to hospital – mental health issues – harassment continued – explanations of health issues not sufficient – dismissal for serious misconduct – law on conduct outside work considered – no flaw in process – no pre-determination – law on disparity considered – no disparity – challenge dismissed.

[2018] NZEmpC 105 Tait v Robin (Oral Judgment of Judge M E Perkins, 12 September 2018) COMPLIANCE ORDER – no appearance by defendants – compliance orders issued – proceedings adjourned – production of financial statements ordered.

[2018] NZEmpC 103 RPW v H (Oral Judgment of Judge M E Perkins, 6 September 2018) APPLICATION FOR COMPLIANCE ORDERS, NON-PUBLICATION – breach of settlement agreement by advocate – compliance sought – no appearance by defendant – order for non-publication extended – urgency needed – proceedings joined for hearing.

[2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc (Interlocutory Judgment (No 3) of Judge B A Corkill, 6 September 2018) APPLICATION TO APPEAR AND BE HEARD AS INTERVENER -  Meat Industry Assoc of NZ  - opposed by defendant – test whether applicant “justly entitled to be heard” – principles considered – construction of s 69ZD unresolved – intervener submissions confined to the statutory interpretation issue -intervener may not seek costs.