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  5. [2024] NZEmpC 31 Halse v Employment Relations Authority [PDF, 206 KB]

    [2024] NZEmpC 31 Halse v Employment Relations Authority (Judgment of Judge Kathryn Beck, 28 February 2024) APPLICATION FOR STAY – Court of Appeal proceedings are bound to fail – no reason to grant stay – application declined – APPLICATION FOR LEAVE TO FILE SUBMISSIONS OUT OF TIME – no reasonable explanation for missing timetable – extension had been provided prior – application declined – COSTS – GUIDELINE SCALE – costs awarded.
  8. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [PDF, 250 KB]

    [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd (Judgment of Chief Judge Christina Inglis, 23 February 2024) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – position changed and hours reduced with no consultation – employee was constructively dismissed – sexual assault against co-worker did not contribute to grievance in the circumstances - no reduction for contributory conduct – three months’ lost wages awarded – $14,000 awarded for compensation – BREACH OF GOOD FAITH – way in which meeting was conducted was a breach of good faith – FAILURE TO PROVIDE WRITTEN EMPLOYMENT AGREEMENT – modest penalty awarded.
  9. [2024] NZEmpC 27 Breen v Prime Resources Company Ltd [PDF, 210 KB]

    [2024] NZEmpC 27 Breen v Prime Resources Company Ltd (Costs Judgment of chief Judge Christina Inglis, 23 February 2024) COSTS – GUIDELINE SCALE – successful argument was raised at the 11th hour, which increased costs – Calderbank offers were made before successful argument was raised – successful argument had nothing to do with substantive merits of the personal grievance – Calderbank offers ignored – costs to lie where they fall.
  10. [2024] NZEmpC 26 Pyne v Invacare New Zealand Ltd [PDF, 191 KB]

    [2024] NZEmpC 26 Pyne v Invacare New Zealand Ltd (Costs Judgment of Chief Judge Christina Inglis, 23 February 2024) COSTS – GUIDELINE SCALE – High Court Rules apply in the Employment Court to procedural matters, not substantive matters like the determination of costs – Calderbank offers should be evaluated in the context of inherent imbalance of employment relationships and encouraging enforcement of employment rights – Calderbank offer ignored – costs awarded.
  11. [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections [PDF, 280 KB]

    [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections (Interlocutory Judgment of Judge Kathryn Beck, 23 February 2024) APPLICATION TO STRIKE OUT PROCEEDINGS – Accident Compensation Act 2001 – breach of contract claims can proceed in spite of Accident Compensation Act – impossible to decide whether mental harm can be separated from physical injury without hearing evidence – application declined.