Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 142 Alkazaz v Enterprise IT Ltd (Costs Judgment of Judge J C Holden, 15 August 2022) COSTS - GUIDELINE SCALE - uplift awarded because of conduct.

[2022] NZEmpC 140 Wiles v The Vice-Chancellor of the University of Auckland (Interlocutory Judgment of Judge J C Holden, 9 August 2022) AMENDED STATEMENT OF CLAIM – EVIDENCE – ADMISSIBILITY – statement of claim permitted to be amended – particulars updated – no new causes of action added – expert opinion evidence admissible – evidence of law and interpretation of contracts inadmissible – permission given to re-file brief of evidence.

[2022] NZEmpC 138 Pilgrim v Attorney-General (Interlocutory Judgment of Chief Judge Christina Inglis, 3 August 2022) APPLICATION FOR RECUSAL – apparent bias – the number of factual findings and their significance do not warrant recusal – not satisfied a fair-minded observer would consider any more than a remote risk – application declined.

[2022] NZEmpC 136 The Board of Trustees of Southland Boys High School v Jackson (Judgment of Chief Judge Christina Inglis, 2 August 2022) NON-DE NOVO CHALLENGE – redundancy – remedies – long service payments made – Authority also awarded reimbursement of lost wages – true character of long service payment pivotal – Authority erred in not considering long service payment – not unreasonable to decide against supernumerary employment and not apply for other roles at the school in circumstances – error did not affect award ultimately made.

[2022] NZEmpC 134 CultureSafe NZ Ltd v Employment Relations Authority (Judgment of Judge J C Holden, 1 August 2022) APPLICATION FOR JUDICIAL REVIEW –Employment Relations Act 2000, s 236 – Authority determined CultureSafe had not established authority to represent – Authority administratively closed file – Authority had jurisdiction to consider question of authority to represent – application declined. 

[2022] NZEmpC 132 Tupe v The Board of Trustees of Te Manawa o Tuhoe Trust (Consent Judgment of Judge Kathryn Beck, 28 July 2022) CONSENT – confidential settlement.

[2022] NZEmpC 130 GF v Comptroller of the New Zealand Customs Service (Interlocutory Judgment (No 6) of Chief Judge Christina Inglis, 27 July 2022) APPLICATION TO PARTICIPATE AT A HEARING BY AUDIO-VISUAL LINK – witnesses are in other cities and would prefer not to travel – application not opposed - application granted.

[2022] NZEmpC 128 Straayer v Employment Relations Authority (Interlocutory Judgment of Judge B A Corkill, 19 July 2022) CHALLENGE TO OBJECTION TO DISCLOSURE – document is partly privileged – document to be disclosed with privileged parts redacted.

[2022] NZEmpC 126 Henderson Travels Ltd v Kaur (Interlocutory Judgment (No 2) of Judge K G Smith, 15 July 2022) APPLICATIONS FOR SECURITY FOR COSTS – application cannot be made by a plaintiff – employee impecuniosity caused by allegedly unjustifiable dismissal - security for costs would not be just against the employee in the circumstances – company has financial support – insufficient evidence that it would be unable to pay future costs award – applications dismissed.

[2022] NZEmpC 124 Pilgrim v Attorney-General (Interlocutory Judgment (No 4) of Judge B A Corkill, 13 July 2022) APPLICATION FOR IN-COURT MEDIA COVERAGE - matter is in the public interest - applicants will comply with relevant guidelines - application granted.

[2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd (Interlocutory Judgment of Judge K G Smith, 8 July 2022) APPLICATION FOR SECURITY FOR COSTS – respondent is unlikely to be able to satisfy a future costs order if challenge unsuccessful – ordering security for costs may have effect of ending litigation – such an order would not be in interests of justice – application dismissed.

[2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton (Costs Judgment of Judge K G Smith, 6 July 2022) COSTS – GUIDELINE SCALE – appropriate costs category is 2B – Calderbank offer justifies uplift – costs awarded for Authority proceedings – costs awarded on costs.

[2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College (Judgment of Judge Kathryn Beck, 4 July 2022) CHALLENGE – DISPUTE – application and interpretation of collective agreement – “not open for instruction” means before 8.30 am and after 4.30 pm on days during school term, on weekends, public holidays, Easter Tuesday and vacations – challenge allowed – post-primary teachers.