Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 149 Osborne v Callaghan Innovation (Costs Judgment of Judge K G Smith, 9 August 2024) COSTS – GUIDELINE SCALE – costs awarded.

[2024] NZEmpC 147 MW v Spiga Ltd (Judgment of the Full Court, 8 August 2024) NON-PUBLICATION – SCHEDULE 2 CLAUSE 10 AND SCHEDULE 3 CLAUSE 12 OF THE EMPLOYMENT RELATIONS ACT 2000 – breach of a settlement agreement signed under s 149 – Employment Relations Authority declined non-publication of plaintiff’s name – MAJORITY JUDMENT – open justice is fundamental – may be departed from only to extent necessary to serve interests of justice – evidential standard of specific adverse consequences reasonably expected to occur – non-exhaustive list of factors that may be relevant including tikanga and equity and good conscience – CONCURRING JUDGMENT – broad statutory discretion – no presumption against non-publication – evidence is not necessary – open justice is relevant but is not the starting point – access to justice, tikanga and other values are also relevant – ORDERS – challenge succeeds and permanent non-publication ordered.

[2024] NZEmpC 143 Zhang v Panda Restaurant Ltd (Judgment (No 2) of Judge Smith, 5 August 2024) DISCHARGE OF FREEZING ORDER – PROCEEDINGS DISCONTINUED.

[2024] NZEmpC 145 MAH Enterprises (Fiji) Ltd v A Labour Inspector (Oral Judgment of Chief Judge Christina Inglis, 5 August 2024) APPLICATION TO DISMISS FOR WANT OF PROSECUTION – delay was long and inexcusable – application granted.

[2024] NZEmpC 140 Sharma v Prolife Foods Ltd (Judgment of J C Holden  2 August 2024)  LEAVE TO EXTEND TIME FOR RAISING PERSONAL GRIEVANCE – EXCEPTIONAL CIRCUMSTANCES – employee’s focus was on their immigration status –delay not occasioned by exceptional circumstances so criteria for leave not met – five year delay is extraordinary – not just to grant leave.

[2024] NZEmpC 137 Tighe-Umbers v Jetconnect Ltd (Consent Judgment of Judge M S King, 1 August 2024) CONSENT.

[2024] NZEmpC 138 Clarkson v Clarkson (Consent Judgment of Judge B A Corkill, 1 August 2024) CONSENT.

[2024] NZEmpC 135 Chantama v McKerchar Lamb Ltd (Costs Judgment of Judge M S King, 29 July 2024) COSTS – GUIDELINE SCALE – plaintiff succeeded in earlier interlocutory application – costs to lie where they fall.

[2024] NZEmpC 133 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children (Judgment of Judge K G Smith, 24 July 2024) UNJUSTFIABLE DISMISSAL – SERIOUS MISCONDUCT – concerns about supervision and personal behaviour had a ring of being performance-related issues – some of the practice issues may have fell below expectations – either individually or together were not serious misconduct – problems with investigative process – failure to provide terms of refence and to consider stepping aside as decision-maker – elements of pre-determination and bias, albeit unconscious – REMEDIES – one year salary gross awarded – $35,000 compensation awarded under s 123(1)(c)(i) – reinstatement not reasonable or practicable –  no reduction for contribution.

[2024] NZEmpC 132 Cunningham v Healthalliance NZ Ltd (Costs Judgment of Judge M S King, 19 July 2024) COSTS – GUIDELINE SCALE – costs awarded.

[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.