Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 26 Carrington Resort Jade LP v Toni Maheno (Interlocutory judgment (No 4) of Judge Beck, 21 February 2025) STRIKE OUT – DISMISSAL FOR WANT OF PROSECUTION – plaintiff has repeatedly failed to comply with timetabling orders of Court – plaintiff exhibited similar behaviour in Authority proceedings – hearing unable to be set down due to plaintiff not filing briefs of evidence – the delay caused in these proceedings is inordinate and inexcusable – the delay has caused serious prejudice to the defendant – further delay may render defendant’s success in the Authority illusory – challenge struck out  

[2025] NZEmpC 23  LAF v MEC & NIR (Judgment of Chief Judge Christina Inglis, 20 February 2025) APPLICATION FOR FREEZING ORDER - admitted misappropriation of funds - assets exist in the jurisdiction - no evidence of risk of dissipation - application declined

[2025] NZEmpC 22 Menzies v Corrigan (Interlocutory judgment of Judge K Beck, 19 February 2025) STAY OF EXECUTION – Authority made compliance orders against plaintiff to place liquidated company in a position to meet its obligations – challenge may be rendered ineffectual if no stay is granted – some novel and important issues for resolution – merits of challenge are not straightforward – money paid into Court will preserve position of parties – stay granted on condition of sums being paid into Court

[2025] NZEmpC  20 VKU v PHZ  (Interlocutory Judgment of Judge MS King, 19 February 2025) SUBSTITUTED SERVICE – plaintiff has not made reasonable attempts at service – not appropriate to dispense with service given plaintiff’s conduct of proceedings – substituted service not possible as no steps identified that would be likely to bring proceedings to attention of party to be served

[2025] NZEmpC 18 Kongbang v Lotus Touch Ltd (Costs judgment of Judge Kathryn Beck, 13 February 2025) COSTS – LEGAL AID – legal aid less than scale costs – actual costs awarded

[2025] NZEmpC 16 The Chief of New Zealand Defence Force v Williams (Judgment of Judge Kathryn Beck, 10 February 2025) AVAILABILITY PROVISIONS – REASONABLE REMUNERATION – ON-CALL – OVERTIME – employment agreements required employees to work such hours as reasonably necessary including outside of core hours – employees required to accept overtime work when required by employer – employees were required to be on call 24/7 until directed otherwise – performance of work conditional on employer making that work available – employment agreements contained availability provision –  availability provisions did not provide for the payment of reasonable compensation – parties directed to negotiate remaining issues

[2025] NZEmpC 13 Victoria Jeon (AKA Jong Ai Park) as Trustee of the Jesus Aroma Church Trust v Labour Inspector (Interlocutory judgment of Judge K G Smith 5 February 2025)- APPLICATION FOR WITNESS TO APPEAR BY AUDIO-VISUAL LINK – application not opposed – application granted

[2025] NZEmpC 11 Shanks v Thomas (trading as Te Matai Partnership) [costs judgment of Judge JC Holden 30 January 2025) COSTS – defendant sought costs on discontinued application for compliance order – discontinuance followed resolution by further payment by defendant – application declined.

[2025] NZEmpC 9 DQJ v The Commissioner of Inland Revenue (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 27 January 2025) APPLICATION FOR NON-PUBLICATION ORDERS – potential concern about wellbeing and career prospects if names are publicised – application made by non-parties – interests of justice favour granting application – application granted.

[2025] NZEmpC 5 Harte v MERAS (Interlocutory (No 2) Judgment of Judge BA Corkill, 24 January 2025) Court has power to order compensatory relief under s 189 of the ERA, because in this proceeding there is a right to a remedy in respect of a cause of action founded on s161(1)(f). The controversy between the parties is not excluded under s161(1)(r)(r). Preliminary question answered accordingly

[2025] NZEmpC 7 LMN v STC (Interlocutory Judgment of Judge MS King, 24 January 2025) INTERIM NON-PUBLICATION ORDER – SECURITY FOR COSTS – EXTENSION OF TIME – AMENDED STATEMENT OF DEFENCE – plaintiff’s personal circumstances sufficient to displace principle of open justice – interim non-publication order granted – security for costs granted – risk of security for costs preventing plaintiff from pursuing challenge – extension of time granted to file amended statement of defence out of time

[2025] NZEmpC 3 Singh v McKee (Interlocutory Judgment of Judge MS King, 21 January 2025) OBJECTION TO DISCLOSURE – CHALLENGE TO OBJECTION – RELEVANCE – wage and time records of other employees relevant to claims for arrears of wages – emails to accountant relevant to claims for arrears of wages – communications with business advisors not relevant to proceedings in light of pleadings – confidentiality issues can be resolved by appropriate directions – documents disclosed may only be used for purposes of proceeding – redactions of irrelevant information permitted

[2025] NZEmpC 1 Byrne v Coverstaff Recruitment Group Ltd [interlocutory judgment No 2 of Judge Kathryn Beck,15 January 2025] GOOD FAITH REPORT – EXTENT OF HEARING – DIRECTIONS – plaintiff filed de novo challenge to Authority determination – directions limiting nature and extent of challenge to non de novo challenge – remedies for unjustified dismissal – quantum of penalties for breaches of employment agreement – claim for unlawful deduction – plaintiff to comply with timetabling orders – plaintiff’s conduct will attract liability for costs