Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School (Interlocutory Judgment of Judge Kathryn Beck, 3 November 2023) APPLICATION FOR SECURITY FOR COSTS – reason to believe plaintiff would not be able to pay an award of costs – possibility that challenge would be prevented considered – modest security for costs ordered – APPLICATION FOR STAY OF AUTHORITY COSTS DETERMINATION – no basis for stay – application declined.

[2023] NZEmpC 187 ACF v IEN (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 3 November 2023) APPLICATION FOR UNLESS ORDERS – application granted.

[2023] NZEmpC 185 Hilford v Whangarei Boys’ High School Board of Trustees (Consent Judgment of Judge B A Corkill, 30 October 2023) CONSENT.

[2023] NZEmpC 184 Herrett v Eco Frame and Mirror Ltd (Judgment of Judge Kathryn Beck, 27 October 2023) APPLICATION TO FILE CHALLENGE OUT OF TIME - delay was modest in the circumstances - no prejudice to defendant for granting application - application granted.

[2023] NZEmpC 181 Henderson Travels Ltd v Kaur (Judgment of Judge K G Smith, 26 October 2023) UNJUSTIFIABLE DISMISSAL - employee covert recording admitted as evidence - restructuring was to pressure employee into paying cash to the employer - dismissal was unjustifiable - challenge dismissed - remedies increased.

[2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd (Judgment of Chief Judge Christina Inglis, 25 October 2023) NON-DE NOVO CHALLENGE - REMEDIES - employee was unemployed for a significant period despite attempts at mitigation - 6 months' lost wages awarded - Authority's compensation award insufficiently explained - banding approach applied – - no reduction made for contribution – recommendation does not need to be made - PENALTY FOR BREACH OF GOOD FAITH – egregious bad faith is not required to award a penalty for breach of good faith – breach by the company was intended to undermine the employment relationship - $6,000 penalty awarded.

[2023] NZEmpC 177 A Labour Inspector of the Ministry of Business, Innovation and Employment v ZAQ Ltd (Judgment (No 4) of Judge J C Holden, 13 October 2023) APPLICATION FOR INTERIM NON-PUBLICATION – sufficient evidential basis for interim order – interim non-publication order continued.

[2023] NZEmpC 175 Carrington Resort Jade LP v Maheno (Interlocutory Judgment (No 3) of Judge Kathryn Beck, 6 October 2023) GOOD FAITH REPORT – employer obstructed Authority’s investigation – Court proceedings to be subject to strict timetabling orders – employer’s obstruction to attract costs consequences.

[2023] NZEmpC 173 Pact Group v Robinson (Judgment of Chief Judge Christina Inglis, 5 October 2023) UNJUSTIFIABLE DISMISSAL – serious misconduct – GPS records relied upon in disciplinary process – employer failed to consider and engage with employee’s cultural concerns – higher standard for well-resourced employer – unfair disciplinary process and failings were not minor – not fair and reasonable to reach that conclusion – procedurally and substantively unjustified – lost wages and compensation for hurt and humiliation and lost benefit awarded.

[2023] NZEmpC 171 E Tū Inc v Singh (Judgment of Chief Judge Christina Inglis, 4 October 2023) RECALL – judgment recalled.

[2023] NZEmpC 169 BDX v PZY (Interlocutory Judgment of Judge M S King, 4 October 2023) STAY – unsuccessful application for stay of execution – SECURITY FOR COSTS – unsuccessful application for security for costs – NON-PUBLICATION – interim non-publication orders made.

[2023] NZEmpC 167 Ling v Super Cuisine Group Ltd (Costs Judgment of Judge Kathryn Beck, 3 October 2023) COSTS – scale costs ordered.

[2023] NZEmpC 165 A Labour Inspector of Ministry of Business, Innovation and Employment v ZAQ Ltd (Judgment (No 3) of Judge J C Holden, 2 October 2023) FREEZING ORDERS – freezing orders extended.