Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2018] NZEmpC 124 Kiwi Ink Construction Ltd v Hughes (Judgment of Judge M E Perkins, 23 October 2018) APPLICATION FOR EXTENSION OF TIME TO CHALLENGE – delay of around five months – failure to participate at Authority – insufficient explanation for substantial delay – justice of the case – application declined.

[2018] NZEmpC 122 The Order of St John Northern Region Trust Board (Consent Interlocutory Judgment of Chief Judge Christina Inglis, 16 October 2018) APPLICATION FOR STAY OF EXECUTION - joint application – granted on condition remedies be paid into the Court.

[2018] NZEmpC 120 RPW v H and C (Judgment of Judge M E Perkins, 11 October 2018) COMPLIANCE ORDER – NON-PUBLICATION ORDER – no statement of defence filed – hearing was formal proof – widespread evidence of breach of settlement agreement and compliance orders of the Authority – penalties are appropriate – quantum to be determined in later hearing.

[2018] NZEmpC 118 Johnston v The Fletcher Construction Co Ltd (No 2) (Interlocutory Judgment of Chief Judge C Inglis, 9 October 2018) EXTENSION OF TIME TO FILE EVIDENCE – counsel availability – prejudice to plaintiff for trial preparation – no possible amelioration of prejudice – limited extension granted.

[2018] NZEmpC 116 Hollinshead v Davey (Judgment of Judge J C Holden, 2 October 2018) APPLICATION FOR EXTENSION OF TIME FOR FILING CHALLENGE - – delay not justifiable – matters will all be canvassed by original challenge anyway – application declined.

[2018] NZEmpC 112 Kazemi v Rightway Ltd (Costs Judgment of Judge J C Holden, 27 September 2018) COSTS –  $1,500 awarded for Authority costs plus filing fee - $6,913 exclusive of GST set for special leave application – no fee for obtaining judgment without appearance – costs of $6,690 granted to defendant for effort in responding to challenge which was not discontinued though replaced with special leave application – modest costs allowed for challenge to costs determination – total incl GST of $2,757.44.

[2018] NZEmpC 111 Hines v Eastland Port Ltd (Costs Judgment of Judge J C Holden, 25 September 2018) COSTS – plaintiff to pay $22,000 costs in Authority – some amounts of court costs disputed – legal research not disbursements – Interest on Money Claims Act does not apply - $32,000.50 for Court costs awarded against plaintiffs, plus disbursements and expert’s fees.