Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 176 Carrington Resort Jade LP v Roy (Interlocutory Judgment (No 3) of Judge J C Holden, 12 October 2023) APPLICATION FOR RECALL OF INTERLOCUTORY JUDGMENT – no grounds for a recall – interests of justice do not require a recall – application declined.

[2023] NZEmpC 174 Hilford v Whangārei Boys’ High School Board of Trustees (Judgment of Judge B A Corkill, 5 October 2023) NON-PUBLICATION – non-publication ordered in respect of third parties.

[2023] NZEmpC 172 E Tū Inc v Singh (Consent Judgment of Chief Judge Christina Inglis, 4 October 2023) APPLICATION FOR STAY– conditional on payment into Court and challenge is to be pursued diligently – granted by consent.

[2023] NZEmpC 170 FGH v RST (Costs Judgment of Judge B A Corkill, 4 October 2023) COSTS – costs in respect of third cause of action lie where they fall – costs awarded for first and second causes of action – no reduction for an alleged “offer to settle” via arbitration and mediation – no access to justice issue under New Zealand Bill of Rights Act 1990 s 27 – conventional costs principles apply – reduction for hardship.

[2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections (Judgment of Judge Kathryn Beck, 3 October 2023) DISADVANTAGE – BULLYING – employee made bullying complaint – employer breached bullying policy by not responding appropriately – employee disadvantaged – DISADVANTAGE – CONSULTATION – employer moved employee to new position without consultation – failure to consult breached legislation and collective agreement – failure to consult employee disadvantaged them – DISMISSAL – employer failed to investigate fairly – employer did not fairly consider medical evidence – employer did not fairly consider other options to dismissal – employee unjustifiably dismissed substantively and procedurally – REMEDIES – no reinstatement ordered – compensation and lost wages ordered – reductions made for contribution – NON-PUBLICATION – non-publication orders made – parts of judgment redacted.

[2023] NZEmpC 166 E Tū Inc v Singh (Interlocutory Judgment of Chief Judge Christina Inglis, 2 October 2023) NON-PUBLICATION – interim non-publication ordered.

[2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Interlocutory Judgment of Judge Kathryn Beck, 2 October 2023) STRIKE OUT – strike out application unsuccessful – SECURITY FOR COSTS – employer ordered to pay security for costs of $7,500 to Labour Inspector – STAY OF EXECUTION – stay of execution granted on condition of security for costs being paid – NON-PUBLICATION – application for non-publication unsuccessful.

[2023] NZEmpC 162 Birthing Centre Ltd v Matsas (Judgment of Judge B A Corkill, 27 September 2023) ACCESS TO INFORMATION – CONFIDENTIALITY – meaning of proposal – meaning of good reason – good reason to be considered in light of s 103A – employer failed to sufficiently consider whether to provide information to employees or unions – UNJUSTIFIED DISMISSAL – no waiver of notice period – no mutual termination of employment – employees were dismissed – employees were not consulted – dismissal was unjustified – NOTICE – employer failed to provide notice – entitlement to payment in lieu crystallised on dismissal – mitigation not required where entitlement is payable on dismissal.

[2023] NZEmpC 160 A Labour Inspector of the Ministry of Business, Innovation, and Employment v Airways Corp of New Zealand Ltd (Consent Judgment of Judge B A Corkill, 25 September 2023) CONSENT – LIMITATION – judgment by consent – agreement that Court has no jurisdiction to consider claim given statutory limitation period.

[2023] NZEmpC 158 Turner v Te Whatu Ora – Health New Zealand (Judgment of Judge J C Holden, 21 September 2023) UNJUSTIFIABLE DISADVANTAGE – UNJUSTIFIABLE DISMISSAL – suspension justifiable to conduct investigation – employer entitled to investigate concerns and consider private Facebook posts – no discrimination for religious or political beliefs – New Zealand Bill of Rights Act 1990 does not protect employee from disciplinary action – dismissal was justifiable.

[2023] NZEmpC 155 E Tū Inc v Singh (Consent Judgment of Chief Judge Christina Inglis, 18 September 2023) APPLICATION FOR STAY– conditional on payment into Court and challenge is to be pursued diligently – granted by consent. Judgment reissued with new judgment number [2023] NZEmpC 172 and dated 4 October 2023.

[2023] NZEmpC 154 Chain & Rigging Supplies Ltd v Nikorima (Judgment (No 4) of Judge B A Corkill, 15 September 2023) APPLICATION FOR NON-PUBLICATION ORDER – permanent non-publication granted for third party former employee – not necessary for non-publication order in regard to contents of earlier judgment – interim non-publication orders lifted – application partially granted.