Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 136 Wiles v The Vice-Chancellor of the University of Auckland (Interlocutory Judgment (No 3) of Judge J C Holden, 23 August 2023) CHALLENGE TO OBJECTION TO DISCLOSURE - privacy and confidentiality issues in information sought - summary of information to be provided on protected basis.

[2023] NZEmpC 133 Chain & Rigging Supplies Ltd v Nikorima (Judgment of Judge B A Corkill, 22 August 2023) SEARCH ORDER – strong prima facie case former employee had breached obligations and that second respondent had incited breaches – potential for serious loss or damage – risk that evidence may be destroyed or become unavailable – overall justice favours granting – draft order amended to meet proportionality test since a less intrusive order was available – order granted with variations – INTERIM NON-PUBLICATION – ordered.

[2023] NZEmpC 131 Downer New Zealand Ltd v King (Judgment (No 3) of Judge K G Smith, 17 August 2023) APPLICATION TO ADJOURN - APPLICATION TO CONTINUE AND RENEW ORDERS - consent.

[2023] NZEmpC 129 Dhiman v Naanak Ltd (in liquidation) (Judgment of Judge J C Holden, 16 August 2023) ENFORCEMENT OF COMPLIANCE ORDER – employer has not complied with Authority compliance order – $10,000 fine awarded.

[2023] NZEmpC 127 Ugone v Star Moving Ltd (Interlocutory Judgment of Judge K G Smith, 14 August 2023) APPLICATION FOR IN-COURT MEDIA COVERAGE – no objection – application granted.

[2023] NZEmpC 124 Downer New Zealand Ltd v King (Judgment (No 2) of Judge K G Smith, 11 August 2023) APPLICATION TO ADJOURN – APPLICATION TO CONTINUE AND RENEW FREEZING AND NON-PUBLICATION ORDERS – applications granted.

[2023] NZEmpC 123 Boulton v Food Thingy Ltd T/A Bird the Word (Interlocutory Judgment of Judge J C Holden, 11 August 2023) SECURITY FOR COSTS – application not granted – plaintiff not shown to be impecunious.

[2023] NZEmpC 121 Safari Construction (2005) Ltd v Dunning (Judgment of Judge J C Holden, 11 August 2023) APPLICATION FOR NON-PUBLICATION ORDERS – no basis for order – application declined.

[2023] NZEmpC 119 MNO v PQR (Judgment (No 2) of Judge Kathryn Beck, 7 August 2023) FREEZING ORDERS – ANCILLARY ORDERS – freezing orders extended for limited further period – ancillary orders made.

[2023] NZEmpC 117 Downer New Zealand Ltd v King (Reasons Judgment of Judge K G Smith, 3 August 2023) APPLICATION FOR FREEZING ORDER - extremely good arguable case for breach of duty and of employment agreement - assets are held within jurisdiction - real risk established that the assets may be disposed of - balance of convenience favours freezing order - application granted.

[2023] NZEmpC 115 Carrington Resort Jade LP v Maheno (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 27 July 2023) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE PLEADINGS – interests of justice favour granting application – application granted - APPLICATION FOR SECURITY FOR COSTS – no evidence of potential inability to pay future costs award – application declined.

[2023] NZEmpC 113 Snowling v Scott Technology Ltd (Interim Judgment of Judge K G Smith, 26 July 2023) APPLICATION FOR STAY - contemporaneous applications for stay and security for costs present difficulty - stay granted on an interim basis until security for costs is argued.

[2023] NZEmpC 111 Lu v Young (Interlocutory Judgment of Judge Kathryn Beck, 24 July 2023) APPLICATION FOR STAY – no grounds for a stay – application declined – APPLICATION FOR SECURITY FOR COSTS – respondent has admitted they have cashflow issues – balance of interest favours granting application – application granted.