Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2023] NZEmpC 109 MNO v PQR (Judgment of Judge Kathryn Beck, 24 July 2023) APPLICATION FOR FREEZING AND ANCILLARY ORDERS – interim non-publication order granted – arguable case within the jurisdiction established – real risk of dissipation – balance of convenience favours granting the application – application granted.

[2023] NZEmpC 106 Ling v Super Cuisine Group Ltd (Judgment of Judge Kathryn Beck, 13 July 2023) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – employer breached conditions of employment – employee did not realise breach but breach still induced employee to seek alternative employment – resignation was reasonably foreseeable – employee was constructively dismissed – remedies awarded.

[2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors - Media Release