Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 52 Francis v Seafood Central Ltd T/A Scott Seafood (Consent Judgment of Judge Kathryn Beck, 14 March 2024) CONSENT.

[2024] NZEmpC 50 Atlas Concrete Ltd v Hadfield (Interlocutory Judgment of Chief Judge Christina Inglis, 22 March 2024) STATEMENT OF CLAIM - STATEMENT OF DEFENCE - positive defence must respond to claims made in statement of claim - suspension was beyond scope of non-de novo challenge.

[2024] NZEmpC 48 Ugone v Star Moving Ltd (Oral Judgment of Judge K G Smith, 21 March 2024) BREACH OF COMPLIANCE ORDER – SANCTIONS – fine imposed on company director – compensatory order granted to employee – warning of future custodial sentence.

[2024] NZEmpC 46 CTR Roofing Ltd v Cross (Judgment of Judge Kathryn Beck, 18 March 2024) BREACH OF COMPLIANCE ORDER – SANCTIONS – respondent has ignored proceedings entirely – $3,500 fine imposed.

[2024] NZEmpC 44 Maheta v Skybus New Zealand Ltd (Interlocutory Judgment (No 3) of Judge K G Smith, 13 March 2024) APPLICATION FOR DISCOSURE OF DOCUMENTS – some categories of documents have already been disclosed or information does not exist – application granted in part.

[2024] NZEmpC 42 Talley’s Group Management Ltd v Hendry (Judgment of Judge K G Smith, 11 March 2024) APPLICATION TO EXTEND TIME TO FILE CHALLENGE – delay was one day because of miscalculation by counsel – application granted.

[2024] NZEmpC 40 Hardy Street Pharmacy Ltd v Mohamed (Consent Judgment of Judge K G Smith, 8 March 2024) CONSENT.

[2024] NZEmpC 38 The Pho House Ltd T/A Zeke v Branford (Costs Judgment of Chief Judge Christina Inglis, 6 March 2024) COSTS ON DISCONTINUANCE – actual costs awarded.

[2024] NZEmpC 35 Appleton v Tasman Cargo Airlines Pty Ltd (Judgment of Judge J C Holden, 4 March 2024) REMEDIES – lost remuneration to take into account the increase in salary that would have applied – bonus would have been payable outside the lost wages period – COSTS – GUIDELINE SCALE – reduction made for partial success – costs awarded.

[2024] NZEmpC 33 Spring 2017 Ltd v Taifau (Interlocutory Judgment of Chief Judge Christina Inglis, 28 February 2024) APPLICATION FOR STAY – unsupported assertions about respondent – no basis for stay – application declined.

[2024] NZEmpC 31 Halse v Employment Relations Authority (Judgment of Judge Kathryn Beck, 28 February 2024) APPLICATION FOR STAY – Court of Appeal proceedings are bound to fail – no reason to grant stay – application declined – APPLICATION FOR LEAVE TO FILE SUBMISSIONS OUT OF TIME – no reasonable explanation for missing timetable – extension had been provided prior – application declined – COSTS – GUIDELINE SCALE – costs awarded.

[2024] NZEmpC 29 E Tu Inc v New Zealand Steel Ltd (Judgment of Judge J C Holden, 26 February 2024) CONTRACTUAL INTERPRETATION - COLLECTIVE AGREEMENT - meaning of ordinary hours - meaning of make-up pay - make-up pay is triggered when specific hours of work change, not just when fewer hours are worked for the week.

[2024] NZEmpC 27 Breen v Prime Resources Company Ltd (Costs Judgment of chief Judge Christina Inglis, 23 February 2024) COSTS – GUIDELINE SCALE – successful argument was raised at the 11th hour, which increased costs – Calderbank offers were made before successful argument was raised – successful argument had nothing to do with substantive merits of the personal grievance – Calderbank offers ignored – costs to lie where they fall.