Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 152 Halse v Hamilton City Council (Costs Judgment of Judge J C Holden, 12 September 2023) COSTS – scale costs awarded – uplift of approximately 50 per cent ordered as a result of clearly futile application. 

[2023] NZEmpC 150 KN v New Zealand Steel Ltd (Interlocutory Judgment of Judge Kathryn Beck, 7 September 2023) APPLICATION FOR NON-PUBLICATION - interim non-publication extended for plaintiff until substantive hearing - permanent non-publication granted for third party former employee.

[2023] NZEmpC 147 Reddy v Employment Relations Authority (Judgment of Judge J C Holden, 6 September 2023) APPLICATION FOR JUDICIAL REVIEW – judicial review not available under s 184 – application declined.

[2023] NZEmpC 146 A Labour Inspector v ZAQ Ltd (Judgment of Judge J C Holden, 1 September 2023) APPLICATION FOR FREEZING AND ANCILLARY ORDERS – good arguable case that assets are at risk of dissipation – Labour Inspector is not required to file undertaking as to damages - application granted.

[2023] NZEmpC 144 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment of Judge B A Corkill, 30 August 2023) APPLICATION FOR LEAVE TO RAISE PERSONAL GRIEVANCES OUT OF TIME – exceptional circumstances – so affected or traumatised – exposed to multiple traumatic events, significant workload and workplace stress – plaintiffs’ accounts to medical practitioners credible – PTSD was correct diagnosis – no identifiable event causing PTSD  – traumatic conditions precluded raising earlier and were causative of delay – just to grant leave – application granted – parties to use mediation to seek to mutually resolve the grievances – NON-PUBLICATION – granted.

[2023] NZEmpC 142 VXO v Te Whatu Ora in respect of the former Northland District Health Board (Interlocutory Judgment of Judge J C Holden, 29 August 2023) APPLICATION FOR INTERIM NON-PUBLICATION ORDERS – granted by consent.

[2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc (Judgment of Judge B A Corkill, 28 August 2023) PERSONAL GRIEVANCE - RAISING THE GRIEVANCE - NON-DE NOVO CHALLENGE - Authority wrongly considered only unjustifiable dismissal claim and ignored unjustified disadvantage claim - unjustified disadvantage was raised in time - matter is now before the Court.

[2023] NZEmpC 138 A Labour Inspector v Star Moving Ltd (Costs Judgment of Judge K G Smith, 25 August 2023) COSTS – costs awarded.

[2023] NZEmpC 134 Chain & Rigging Supplies Ltd v Nikorima (Judgment (No 2) of Judge B A Corkill, 23 August 2023) SEARCH ORDER – draft order amended.

[2023] NZEmpC 135 MGK Homes Ltd v Yoon (Interlocutory Judgment (No 3) of Judge Kathryn Beck, 23 August 2023) APPLICATION TO ADJOURN A HEARING – other arrangements can be made instead – application denied.

[2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd (Oral Judgment of Judge K G Smith, 18 August 2023) ENFORCEMENT OF COMPLIANCE ORDER – defendants have ignored Authority compliance orders – fine awarded.

[2023] NZEmpC 130 Snowling v Scott Technology Ltd (Consent Interlocutory Judgment of Judge K G Smith, 16 August 2023) APPLICATION FOR STAY – APPLICATION FOR SECURITY FOR COSTS - consent.

[2023] NZEmpC 128 MNO v PQR (Judgment (No 3) of Judge Kathryn Beck, 15 August 2023) FREEZING ORDERS – ANCILLARY ORDERS – freezing orders extended for limited further period – ancillary orders extended.