Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 169 Labour Inspector v SSM Investments Ltd (Judgment of Judge KG Smith 11 August 2025 APPLICATION FOR FREEZING ORDER – good arguable case for breaches of employment standards and wage arrears – assets within the jurisdiction at risk of dissipation – balance of convenience favours granting order – application granted with amendments.

[2025] NZEmpC 167 Lyttelton Port Company Ltd v Maritime Union of New Zealand and Anor (Judgment of Judge JC Holden, 8 August 2025) NON-DE NOVO CHALLENGES – obligations in developing restructure proposal – no breach of good faith to not involve unions in development stage – section 4(1A) ER Act – employer required to provide information and opportunity to comment – no higher engagement required by the Act for unions – interpretation of obligations under collective agreement in dispute – contracting out clause not applicable – clause concerning cooperation and consultation on matters of mutual interest applicable – restructure affecting union members is a matter of mutual interest for union and employer – cooperation does not mandate early engagement – reinforces need for parties to take a genuine and open approach to consultation – no breach of agreement – employer undertook structured consultation as ordered by Authority.

[2025] NZEmpC 165 VGM v JXC (Interlocutory Judgment (No 4) of Judge M S King, 7 August 2025) APPLICATION FOR NON-PUBLICATION ORDERS - allegations of sexual harassment – defendant’s medical evidence –publication would worsen defendant’s health – specific adverse consequences displace open justice - settlement reached between the parties – permanent non-publication granted over parties and witnesses.

[2025] NZEmpC 162 Postal Workers Union of Aotearoa Inc v NZ Post Ltd (Costs Judgment - Judge KG Smith, 5 August 2025) COSTS ON DISCONTINUANCE– GUIDELINE SCALE –presumption that plaintiff liable for costs on discontinuance not displaced– scale costs awarded.

[2025] NZEmpC 159 McCormack v Reserve Bank of New Zealand (Judgment of Judge M S King, 28 July 2025)   APPLICATION FOR INTERIM REINSTATEMENT – employee dismissed for performance-related issues – employee alleges performance process retaliation for protected disclosure - arguable case for permanent reinstatement – performance management process significant and genuine - balance of convenience and interests of justice point against reinstatement – application declined.

[2025] NZEmpC 157 Allied Investments Ltd v Jones (judgment of Judge JC Holden, 28 July 2025) CATCHWORDS DE NOVO CHALLENGE – CONSTRUCTIVE DISMISSAL – existing EA was transferred to new employer on same terms – new employer claimed previous employer wrongly interpreted commission provisions – new commission calculations would have significantly reduced employee’s income – employer was uncompromising – employee made it clear he would have no choice but to resign – original calculation methodology constituted a term of the EA – serious breach with resignation reasonably foreseeable – unjustified constructive dismissal upheld – PRE-TERMINATION ACTIVITY – employee cleared laptop data but not maliciously and no loss resulted – employee entitled to plan future business while still employed – no restraint of trade – no breaches of EA or good faith/fidelity – USE OF CONFIDENTIAL INFORMATION – employer contended employee used confidential information in pursuing new competing business – confident…

[2025] NZEmpC 154 A LI of MBIE v Elements Therapeutic Massage Ltd and ors (Consent Interlocutory Judgment of Judge M S King, 24 July 2025) APPLICATION FOR STAY – granted by consent

[2025] NZEmpC 152 Tillmans Fine Furniture Ltd v Rookes (Judgment of KG Smith 22 July 2025) NON-DE NOVO CHALLENGE – fixed term agreement found invalid by Authority –  Employer argues Authority erred in its approach to s 66 ER Act – what does it mean to have genuine reasons based on reasonable grounds? – the test is objective as suggested by the language – genuine reasons are sincere reasons relating to proper purposes and are non-exploitative – fulfilling a moral duty is a genuine reason – however s 66 requires a wider investigation into all the circumstances of the fixed term – purely helping the employee could have been achieved by other methods – the company had an ongoing need for the position – the company benefitted from the arrangement while limiting its exposure to employee recourse – in context the fixed term had a purpose of limiting employee’s rights – fixed term invalid under s 66(3) – challenge unsuccessful.

[2025] NZEmpC 150 Courage and Pilgrim v The Attorney General (Interlocutory Judgment of Chief Judge Christina  Inglis, 21 July 2025) APPLICATION FOR DISCLOSURE OF UNREDACTED DOCUMENTS – privacy issues and relevance raised; Attorney-General working through a process to address privacy issues – that process should be given time to be completed – application declined but with leave granted to bring the matter back if necessary.

[2025] NZEmpC 148 AZK Ltd v JKL (Judgment of Judge JC Holden, 18 July 2025) CONSENT – freezing orders varied by consent.

[2025] NZEmpC 146 RDJ v SGF (Interlocutory Judgment of Chief Judge Inglis, 16 July 2025) APPLICATION TO WAIVE OR POSTPONE FILING FEE - whether Employment Court has power to waive or postpone filing fee - other Courts have explicit Regulations that create the power to waive fees - power exists for regulations to be made enabling the Registrar to waive or postpone fees -  ability to waive or postpone fees is necessary for promoting the objects of the Act - while Registrar does not have power until regulations are made, Judges have power to waive or postpone fees – ultimate touchstones for exercise of power are equity and good conscience, with helpful guidance from High Court Fees Regulations - applicant is on legal aid - application granted.

[2025] NZEmpC 143 Employment Services Ltd v Resink (Interlocutory Judgment of Judge Smith, 14 July 2025) STAY OF EXECUTION – applicant concerned about respondent’s ability to repay sums ordered by Authority if challenge successful – respondent provided evidence of sufficient assets – applicant claimed funds are currently needed by company as working capital – unfounded claim – respondent entitled to fruits of success in Authority – application dismissed

[2025] NZEmpC 141 A Labour Inspector v Dao  (Judgment (No 7) of Judge Beck, 10 July 2025) FREEZING ORDER – VARIATION – EXTENSION - application to vary and extend freezing orders – extension of freezing order granted by consent - frozen funds released for legal fees related to substantive proceedings - bank statements for unfrozen account to be provided on monthly basis - freezing orders not to remain in place indefinitely – date set down for review