Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd (Judgment of Judge K G Smith, 20 December 2023) WAGES – wage increase was announced but not paid to union members – the wage increase was not precluded by the collective agreement – union members entitled to arrears – PROHIBITION ON PREFERENCE – insufficient evidence to show proper comparison – BREACH OF GOOD FAITH – employer’s conduct was misleading – declaration made.

[2023] NZEmpC 232 Ministry of Business, Innovation and Employment v Duan (Judgment of the full Court, 18 December 2023) PARENTAL LEAVE – no entitlement to parental leave if employee returns to work after birth of child – employee was not entitled to parental leave – no discretion to allow payment.

[2023] NZEmpC 230 Glenfield College Board of Trustees v Anderson (Consent Judgment of Chief Judge Christina Inglis, 15 December 2023) APPLICATION FOR STAY – consent.

[2023] NZEmpC 228 YJL v Talent Propeller Ltd (Consent Interlocutory Judgment of Judge K G Smith, 15 December 2023) APPLICATION FOR STAY - consent.

[2023] NZEmpC 226 Turner v Te Whatu Ora – Health New Zealand (Costs Judgment of Judge J C Holden, 8 December 2023) COSTS – GUIDELINE SCALE – costs reduced because of financial circumstances – costs stayed until Court of Appeal leave decision.

[2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter (Preliminary Judgment of Judge Kathryn Beck, 7 December 2023) SCOPE OF CHALLENGE – a de novo challenge by definition is a challenge to the entire matter before the Authority – challenge filed by plaintiff was only to part of the determination – challenge is accurately described as a non-de novo challenge.

[2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment (No 2) of Judge B A Corkill, 5 December 2023) ASSESSMENT OF LIABILITY AND QUANTUM – BREACH OF CONTRACT CLAIMS – express and implied contractual health and safety duties breached –  breaches caused the plaintiffs’ PTSD – contractual liability established – PERSONAL GRIEVANCE – unjustifiable disadvantage grievances established –  ACCIDENT COMPENSATION ACT 2001 STATUTORY BAR – affirmative defence raised by school – s 317 does not bar the claims because the criteria of s 21B are not made out – TIMEFRAME FOR AWARDS – loss assessed up until notional judgment date of 31 March 2019 – DAMAGES/REMEDIES – non-economic loss awarded – economic loss for lost remuneration, superannuation, capital gain and rental income, plus interest up until notional judgment date, and some medical expenses awarded – no award for interest as damages or dental expenses – no failure to mitigate losses – reasonable to rely upon pro…

[2023] NZEmpC 218 Carrington Resort Jade LP v Knight (Costs Judgment of Judge K G Smith, 4 December 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 216 Chain & Rigging Supplies Ltd v Nikorima (Oral Judgment (No 5) of Judge B A Corkill, 30 November 2023) APPLICATION FOR CONSEQUENTIAL ORDERS FOLLOWING A SEARCH ORDER – application granted.

[2023] NZEmpC 212 Halse v Employment Relations Authority (Interlocutory Judgment (No 4) of Judge Kathryn Beck, 24 November 2023) APPLICATION FOR STAY – convenience to parties in granting a stay until after appeal is heard – application granted - APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF OPPOSITION – application granted.

[2023] NZEmpC 209 Osborne v Callaghan Innovation (Interlocutory Judgment of Judge K G Smith, 22 November 2023) APPLICATION FOR STRIKE-OUT - claims not yet investigated by the Authority cannot yet be challenged - no jurisdiction for complaints about Ombudsman investigation - statement of claim partially struck out.

[2023] NZEmpC 207 The Pho House Ltd T/A Zeke v Branford (Interlocutory Judgment of Chief Judge Christina Inglis, 21 November 2023) APPLICATION FOR STAY – interests of justice point against stay – application declined.