Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 77 Halse v Hamilton City Council (Interlocutory Judgment of Judge J C Holden, 26 May 2023) APPLICATION FOR JUDGMENT BY DEFAULT – APPLICATION FOR STRIKE OUT – no reasonable grounds for judgment by default – application struck out.

[2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc (Judgment of Judge K G Smith, 23 May 2023) APPLICATION FOR INTERIM INJUNCTION AGAINST STRIKE – strike proposed on health and safety grounds – no need for immediate and significant risk under s 84 of the Employment Relations Act 2000 – evidence establishes reasonable belief in health and safety risk – strike is proposed to be short – balance of convenience weighs against interim injunction – application declined.

[2023] NZEmpC 73 E Tu Inc v New Zealand Steel Ltd (Interlocutory Judgment of Judge J C Holden, 16 May 2023) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGE – challenge already filed will cover issues between the parties – no extension of time is required – extension of time would have been granted if required.

[2023] NZEmpC 71 Straayer v Employment Relations Authority (Costs Judgment of Judge B A Corkill, 3 May 2023) COSTS – GUIDELINE SCALE – costs awarded to Worksafe – insufficient financial information to reduce costs for financial hardship - litigant in person was partially successful on interlocutory judgment – litigant in person can only claim costs in exceptional cases, which this is not – costs not awarded on interlocutory judgment.

[2023] NZEmpC 69 Halse v Employment Relations Authority (Judgment of Judge J C Holden, 2 May 2023) APPLICATION FOR STAY – application for leave to appeal to the Court of Appeal not yet filed – application declined – APPLICATION TO STRIKE OUT JUDICIAL REVIEW – Employment Relations Authority was not required to file a statement of defence – Employment Court jurisdiction to judicially review Employment Relations Authority is limited – no reasonably arguable case for judicial review – judicial review application is vexatious – judicial review application is abuse of process - judicial review struck out.

[2023] NZEmpC 68 Vietnew Corp Ltd T/A Saigon Restaurant & Bar Palmy v Shand (Interlocutory Judgment of Judge J C Holden, 28 April 2023) APPLICATION FOR STAY – application granted with conditions.

[2023] NZEmpC 65 Alkazaz v Cognizant New Zealand Ltd (Costs Judgment of Chief Judge Christina Inglis, 27 April 2023) COSTS – GUIDELINE SCALE – privileged communication cannot be considered – costs awarded.

[2023] NZEmpC 63 Hilford v Board of Trustees of Whangarei Boys’ High School (Judgment of Judge B A Corkill, 24 April 2023) APPLICATION TO EXTEND TIME TO FILE A CHALLENGE – access to justice – leave granted.

[2023] NZEmpC 61 FGH v RST (Judgment of Judge B A Corkill, 20 April 2023) APPLICATION FOR STAY OF COSTS ISSUES – application made for leave to appeal – costs stayed until Court of Appeal leave application decision is issued.

[2023] NZEmpC 59 Hamilton Civil Plant Ltd v Carr (Judgment of Chief Judge Christina Inglis, 18 April 2023) APPLICATION TO EXTEND TIME TO FILE A CHALLENGE – company was not legally represented and made a slip-up – application granted in interests of justice.

[2023] NZEmpC 57 New Zealand Steel Ltd v Haddad (Judgment of Judge Kathryn Beck, 5 April 2023) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – employer did not follow a fair and reasonable process in redundancy – redundancy was pre-determined – employer failed to provide all relevant information – employer failed to properly consider redeployment – reinstatement ordered – lost wages awarded for entire duration of unemployment – compensation awarded.

[2023] NZEmpC 55 THL (2005) v NEN (Consent Judgment of Judge J C Holden, 5 April 2023) FREEZING ORDERS – extension by consent.