Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 129 Carrington Resort Jade LP v Roy (Judgment of Judge J C Holden, 18 July 2024) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – employee resigned and was not dismissed.

[2024] NZEmpC 127 Carrington Resort Jade LP v Grant (Judgment of Judge B A Corkill, 17 July 2024) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISMISSAL - no basis to strike out original Authority proceedings - employee was not casual - no justification provided for dismissal - dismissal was unjustifiable - compensation and lost wages awarded - PENALTY FOR OBSTRUCTING AUTHORITY INVESTIGATION - plaintiff obstructed Authority investigation - penalty awarded by Authority was appropriate.

[2024] NZEmpC 125 Cronin-Lampe v Minister of Education (in respect of the Ministry of Education) (Costs Judgment of Judge B A Corkill, 10 July 2024) COSTS – GUIDELINE SCALE – all parts of proceedings are category 3 – all parts are band C – delay of 18 months caused by unwinnable argument – 65% uplift awarded on costs – COSTS IN AUTHORITY – costs awarded.

[2024] NZEmpC 123 Wiles v University of Auckland (Judgment of Judge J C Holden 8 July 2024) DISADVANTAGE – BREACH OF CONTRACT – GOOD FAITH – HEALTH AND SAFETY – ACADEMIC FREEDOM – TREATY OF WAITANGI – employee experienced harassment as a result of her work for University – University breached health and safety obligations by failing to provide adequate protection and support – University should have moved more quickly – employee was disadvantaged by University’s failures – University did not act in good faith and engaged in a way that was combative rather than supportive – University did not impede academic freedom of employee – individual staff members do not have treaty obligations – even if they do have treaty obligations, the employee was not prevented from complying with any such obligations – general damages/compensation of $20,000 ordered – no penalties ordered – no recommendations made

[2024] NZEmpC 119 BDX v PZY (Consent Judgment of Judge Kathryn Beck, 5 July 2024) CONSENT.

[2024] NZEmpC 118 Chief of New Zealand Defence Force v New Zealand Public Service Association Te Pueknga Here Tikanga Mahi Inc (Interlocutory Judgment of Judge K G Smith, 3 July 2024) APPLICATION TO APPEAR VIA AUDIO VISUAL LINK – application granted.

[2024] NZEmpC 116 Osborne v Callaghan Innovation (Judgment of Judge K G Smith, 2 July 2024) PROTECTED DISCLOSURE – employer did not breach Protected Disclosure Act 2000 confidentiality – no breach of good faith.  

[2024] NZEmpC 114 IDEA Services Ltd v Wishart (Interlocutory Judgment of Chief Judge Christina Inglis, 27 June 2024) APPLICATION FOR NON-PUBLICATION - no public interest in identifying information of third party - application granted - APPLICATION FOR STAY - application granted by consent.

[2024] NZEmpC 112 Wehellage v J & T Civil Works Ltd T/A J & T Earthmovers (Consent Judgment of Judge K G Smith, 21 June 2024) CONSENT.

[2024] NZEmpC 110 Herrett v Eco Frame and Mirror Ltd (Costs Judgment of Judge Kathryn Beck, 20 June 2024) COSTS – GUIDELINE SCALE – costs awarded.

[2024] NZEmpC 108 Ford v Henry Brown and Company Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 18 June 2024) APPLICATION TO  PARTICIPATE AT HEARING VIA AUDIO-VISUAL LINK - giving evidence in person would be disproportionately costly and disruptive - application granted.

[2024] NZEmpC 105 Watkins v Highmark Homes Ltd (Interlocutory Judgment of Judge Kathryn Beck, 13 June 2024) APPLICATION FOR SECURITY FOR COSTS – risk that costs award would not be able to be complied with – security for costs awarded.

[2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment of Judge M S King, 13 June 2024) APPLICATION FOR STAY – no jurisdiction or basis for a stay – APPLICATION FOR SECURITY FOR COSTS – concern that costs would not be able to be paid – security for costs ordered – GOOD FAITH REPORT – plaintiff failed to participate in Authority investigation – parameters of de novo challenge restricted.