Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley (Costs Judgment of Judge K G Smith, 21 July 2023) COSTS ON DISCONTINUANCE – GUIDELINE SCALE – costs awarded with adjustments.

[2023] NZEmpC 108 MGK Homes Ltd v Yoon (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 19 July 2023) APPLICATION FOR SECURITY FOR COSTS – whether respondent has equity in property assets – “as is” property value used instead of rateable value – actual loan amount used instead of priority sums – respondent has sufficient assets to meet potential costs award – application declined.

[2023] NZEmpC 107 Pilgrim v Attorney-General (Interlocutory Judgment (No 34) of Chief Judge Christina Inglis, 13 July 2023) APPLICATION FOR ACCESS TO IN-COURT VIDEO FOOTAGE - footage to be used in documentary - proceedings are of significant public interest - application granted with conditions.

[2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors (Judgment of Chief Judge Christina Inglis, 13 July 2023) APPLICATION FOR DECLARATION OF EMPLOYMENT STATUS - workers undertook cooking, cleaning, laundry and food preparation duties in religious community - work was rewarded by necessities of life and being permitted to remain in the community - workers were not volunteers - work being "domestic" in nature not a relevant factor - work was in the nature of employment according to objective indicators - employment status is not inconsistent with community's religious freedom - workers were employees - application granted.  

[2023] NZEmpC 103 Carrington Resort Jade LP v Knight (Costs Judgment of Judge K G Smith, 5 July 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 101 GF v Comptroller of Customs (Judgment of Chief Judge Christina Inglis, 30 June 2023) UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADAVANTAGE – TIKANGA – PUBLIC SERVICE EMPLOYER “GOOD EMPLOYER” OBLIGATIONS  – dismissal in relation to COVID-19 vaccine – unvaccinated worker – tikanga a relevant consideration – employer incorporated tikanga/tikanga values into relationship – at very least should have been considered – Public Service Act 2020 good employer standard – heightened obligations on public service employers – deficient communication and engagement with employees choosing not to be vaccinated – no individualised health and safety assessment – predetermined outcome – process failed to meet the baseline fair and reasonable employer standard ­– breach of good faith – UPDATE TO COMPENSATION BANDS  –  $25,000 compensation – 3 months’ lost wages awarded – formal recommendations made.

[2023] NZEmpC 99 Speed v Board of Trustees of Wellington Girls College (Judgment of Judge K G Smith, 23 June 2023) APPLICATIONS FOR NON-PUBLICATION AND TAKE-DOWN ORDERS - Court has jurisdiction to make retrospective non-publication or anonymisation orders - insufficient basis for non-publication or anonymisation orders to be made - Court does not have jurisdiction in the circumstances to make take-down orders - applications declined.

[2023] NZEmpC 97 Wilson-Grange Investments T/A The Grange Bar and Restaurant (Costs Judgment of Chief Judge Christina Inglis, 22 June 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority (Costs Judgment of Judge B A Corkill, 21 June 2023) COSTS – case had important economic and human rights implications – rejecting the Calderbank offer may have been reasonable in the circumstances – costs to lie where they fall – COSTS IN THE AUTHORITY – costs awarded with no uplift.

[2023] NZEmpC 93 Halse v Employment Relations Authority (Interlocutory Judgment (No 3) of Judge Kathryn Beck, 20 June 2023) APPLICATION FOR LEAVE TO FILE FURTHER SUBMISSIONS – no exceptional circumstances justifying application – application declined.

[2023] NZEmpC 91 Hilford v Board of Trustees of Whangarei Boys’ High School (Costs Judgment of Judge B A Corkill, 19 June 2023) COSTS – GUIDELINE SCALE – costs reduced for party conduct.

[2023] NZEmpC 89 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment of Judge J C Holden, 16 June 2023) MINIMUM ENTITLEMENTS – SERIOUS BREACH – ARREARS – declarations of serious breach made against two employers for breaches of minimum entitlements in relation to seven employees – employees not paid minimum wage – employees not paid holiday pay – WAGES PROTECTION ACT – DEDUCTIONS – PREMIUMS – unlawful deductions made from employees pay – deductions relying on general deductions clause require prior consultation – deductions for failing to provide notice period unlawful and unreasonable – employees required to pay premiums – premiums are unlawful even if not paid to employer directly – DEFINITION OF EMPLOYEE – DEFINITION OF VOLUNTEER – definition of volunteer requires individual to be a volunteer as well as not expecting or receiving reward – parties cannot contract out of minimum sta…

[2023] NZEmpC 87 Riddler v Meridian Energy Ltd (Judgment of Judge K G Smith, 13 June 2023) APPLICATION TO STRIKE OUT PROCEEDING – employee cannot pursue a personal grievance claim against a “controlling third party” without also pursuing a grievance against their direct employer – personal grievance with employer was settled comprehensively – no jurisdiction against controlling third party – application granted.