Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 224 AlKazaz v Enterprise IT LTD (Costs Judgment of Chief Judge Christina Inglis, 7 December 2022) COSTS – GUIDELINE SCALE – costs awarded.

[2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children (Judgment of Judge K G Smith, 5 December 2022) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – delay was brief and adequately explained – no prejudice to respondent if application was granted – application granted.

[2022] NZEmpC 219 Hynds Pipe Systems Ltd v Cheng (Oral Judgment of Judge K G Smith, 1 December 2022) SEARCH ORDER – search order concluded – further orders made by consent.

[2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand (Interlocutory Judgment of Judge B A Corkill, 30 November 2022) APPLICATION FOR A REPRESENTATION ORDER – unions have standing and are entitled to represent their members – union members have common interest – representation order made – DISCLOSURE – notice of disclosure restricted.

[2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull (Judgment of Judge K G Smith, 30 November 2022) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISMISSAL - employee was permanent part-time, not casual - employee did not resign but was constructively dismissed - no justification for dismissal - Authority had miscalculated lost wages - remedies for lost wage reduced - challenge otherwise dismissed.

[2022] NZEmpC 214 Yu v Joe and Zhou Ltd (Consent Judgment of Judge K G Smith, 29 November 2022) CONSENT.

[2022] NZEmpC 212 Caisteal An Ime Ltd v A Labour Inspector (Interlocutory Judgment of Judge K G Smith, 29 November 2022) APPLICATION FOR STAY OF EXECUTION – company cashflow would be significantly impacted by paying penalties now – stay granted.

[2022] NZEmpC 210 Potgieter v Bliss Beauty NZ Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 25 November 2022) APPLICATION TO EXTEND FREEZING AND ANCILLARY ORDERS – application granted by consent.

[2022] NZEmpC 208 O’Leary v Umbrella Multimedia Ltd (in liquidation) (Judgment of Judge J C Holden, 24 November 2022) ENFORCEMENT OF COMPLIANCE ORDER – employer has not complied with Authority compliance order – breach is serious and warrants sanction – employer fined $10,000.

[2022] NZEmpC 206 The Chief of New Zealand Defence Force v Darnley (Reissued Judgment of Judge Kathryn Beck, 16 November 2022) COSTS - GUIDELINE SCALE - partial success by each party - costs considered separately for each substantive issue - costs awarded.

[2022] NZEmpC 204 The Chief of New Zealand Defence Force v Darnley (Costs Judgment of Judge Kathryn Beck, 16 November 2022) COSTS - GUIDELINE SCALE - partial success by each party - costs considered separately for each substantive issue - costs awarded.

[2022] NZEmpC 201 Young v Port of Tauranga Ltd (Judgment of Judge J C Holden, 9 November 2022) INTERIM REINSTATEMENT – serious issue to be tried on unjustifiable dismissal – no vacant position to reinstate employee into – employee’s post-termination conduct was “extreme” – permanent reinstatement not seriously arguable – balance of convenience and interests of justice point against reinstatement – interim reinstatement not ordered.

[2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd (Judgment of Judge B A Corkill, 8 November 2022) AVAILABILITY PROVISION – UNJUSTIFIABLE DISADVANTAGE – availability provision was included in employment agreement – employee was disadvantaged by existence of the clause regardless of whether it was strictly enforced – parties to resolve remedies – personal grievance was raised within time, as limitation period started when employee learned that the availability provision was invalid – remedies start from the date of availability provision being signed – Employment Court has jurisdiction to consider a quantum meruit claim.