Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 34  Xu v Pioneer Education and Immigration Services Group Ltd (Judgment of Judge Beck, 4 March 2025) CHALLENGE – NON DE NOVO – REMEDIES – MITIGATION – UNJUSTIFIED DISMISSAL – Authority found plaintiff was unjustifiably dismissed – plaintiff challenges remedies awarded in Authority – plaintiff made reasonable attempts to mitigate loss – plaintiff was not offered alternative employment by company – plaintiff entitled to six months’ lost remuneration – no entitlement to full compensation – plaintiff entitled to job search and medical costs – plaintiff suffered moderately serious and reasonably long lasting harm – plaintiff awarded $35,000 compensation – no interest awarded on awards – challenge largely successful

[2025] NZEmpC 32 ZUW v WFW (Judgment of Judge K G Smith 27 February 2025) APPLICATION FOR NON-PUBLICATION ORDER – prior non-publication order granted to plaintiff – risk of plaintiff being identified if defendant’s application is declined – application granted.

[2025] NZEmpC 29 Carrington Resort Jade LP v Graham (Interlocutory Judgment (No 2) of Judge M S King, 26 February 2025)  STRIKE-OUT – DISMISSAL FOR WANT OF PROSECUTION – plaintiff failed to comply with security for costs order – plaintiff no longer engaging with Court on proceedings – inordinate and inexcusable delay – delay has caused prejudice to defendant – proceedings have caused defendant stress – risk that costs of defence will render defendant’s success in Authority nugatory – challenge to be struck out if security for costs not paid within 14 days

[2025] NZEmpC 26 Carrington Resort Jade LP v Toni Maheno (Interlocutory judgment (No 4) of Judge Beck, 21 February 2025) STRIKE OUT – DISMISSAL FOR WANT OF PROSECUTION – plaintiff has repeatedly failed to comply with timetabling orders of Court – plaintiff exhibited similar behaviour in Authority proceedings – hearing unable to be set down due to plaintiff not filing briefs of evidence – the delay caused in these proceedings is inordinate and inexcusable – the delay has caused serious prejudice to the defendant – further delay may render defendant’s success in the Authority illusory – challenge struck out  

[2025] NZEmpC 23  LAF v MEC & NIR (Judgment of Chief Judge Christina Inglis, 20 February 2025) APPLICATION FOR FREEZING ORDER - admitted misappropriation of funds - assets exist in the jurisdiction - no evidence of risk of dissipation - application declined

[2025] NZEmpC 22 Menzies v Corrigan (Interlocutory judgment of Judge K Beck, 19 February 2025) STAY OF EXECUTION – Authority made compliance orders against plaintiff to place liquidated company in a position to meet its obligations – challenge may be rendered ineffectual if no stay is granted – some novel and important issues for resolution – merits of challenge are not straightforward – money paid into Court will preserve position of parties – stay granted on condition of sums being paid into Court

[2025] NZEmpC  20 VKU v PHZ  (Interlocutory Judgment of Judge MS King, 19 February 2025) SUBSTITUTED SERVICE – plaintiff has not made reasonable attempts at service – not appropriate to dispense with service given plaintiff’s conduct of proceedings – substituted service not possible as no steps identified that would be likely to bring proceedings to attention of party to be served

[2025] NZEmpC 18 Kongbang v Lotus Touch Ltd (Costs judgment of Judge Kathryn Beck, 13 February 2025) COSTS – LEGAL AID – legal aid less than scale costs – actual costs awarded

[2025] NZEmpC 16 The Chief of New Zealand Defence Force v Williams (Judgment of Judge Kathryn Beck, 10 February 2025) AVAILABILITY PROVISIONS – REASONABLE REMUNERATION – ON-CALL – OVERTIME – employment agreements required employees to work such hours as reasonably necessary including outside of core hours – employees required to accept overtime work when required by employer – employees were required to be on call 24/7 until directed otherwise – performance of work conditional on employer making that work available – employment agreements contained availability provision –  availability provisions did not provide for the payment of reasonable compensation – parties directed to negotiate remaining issues

[2025] NZEmpC 13 Victoria Jeon (AKA Jong Ai Park) as Trustee of the Jesus Aroma Church Trust v Labour Inspector (Interlocutory judgment of Judge K G Smith 5 February 2025)- APPLICATION FOR WITNESS TO APPEAR BY AUDIO-VISUAL LINK – application not opposed – application granted

[2025] NZEmpC 11 Shanks v Thomas (trading as Te Matai Partnership) [costs judgment of Judge JC Holden 30 January 2025) COSTS – defendant sought costs on discontinued application for compliance order – discontinuance followed resolution by further payment by defendant – application declined.

[2025] NZEmpC 9 DQJ v The Commissioner of Inland Revenue (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 27 January 2025) APPLICATION FOR NON-PUBLICATION ORDERS – potential concern about wellbeing and career prospects if names are publicised – application made by non-parties – interests of justice favour granting application – application granted.