Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[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 121 Otira Stagecoach Hotel Ltd v Wright (Interlocutory Judgment of Judge K G Smith, 5 July 2024) APPLICATION FOR STAY - consent.  

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

[2024] NZEmpC 117 Stellar Elements New Zealand Ltd v Amesbury (Interlocutory Judgment of Judge K G Smith, 2 July 2024) APPLICATION FOR STAY – application granted.    

[2024] NZEmpC 115 VGM v JXC (Interlocutory Judgment of Judge M S King, 1 July 2024) APPLICATION FOR SECURITY FOR COSTS - evidence of potential inability to pay - sought quantum is inappropriate - correct quantum should reflection estimated future costs, not remedies already awarded - security for costs ordered.

[2024] NZEmpC 113 Xu v Pioneer Education & Immigration Services Group Ltd (Consent Interlocutory Judgment of Judge Kathryn Beck, 24 June 2024) APPLICATION FOR SECURITY FOR COSTS – consent.

[2024] NZEmpC 111 Citadel Capital Ltd v Miles (Costs Judgment of Judge Kathryn Beck, 21 June 2024) APPLICATION FOR COSTS ON APPLICATION FOR STAY – GUIDELINE SCALE – lay representatives are entitled to costs in employment jurisdiction - costs awarded.