Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 89 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment of Judge J C Holden, 16 June 2023) MINIMUM ENTITLEMENTS – SERIOUS BREACH – ARREARS – declarations of serious breach made against two employers for breaches of minimum entitlements in relation to seven employees – employees not paid minimum wage – employees not paid holiday pay – WAGES PROTECTION ACT – DEDUCTIONS – PREMIUMS – unlawful deductions made from employees pay – deductions relying on general deductions clause require prior consultation – deductions for failing to provide notice period unlawful and unreasonable – employees required to pay premiums – premiums are unlawful even if not paid to employer directly – DEFINITION OF EMPLOYEE – DEFINITION OF VOLUNTEER – definition of volunteer requires individual to be a volunteer as well as not expecting or receiving reward – parties cannot contract out of minimum sta…

[2023] NZEmpC 87 Riddler v Meridian Energy Ltd (Judgment of Judge K G Smith, 13 June 2023) APPLICATION TO STRIKE OUT PROCEEDING – employee cannot pursue a personal grievance claim against a “controlling third party” without also pursuing a grievance against their direct employer – personal grievance with employer was settled comprehensively – no jurisdiction against controlling third party – application granted.

[2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd (Interlocutory Judgment of Judge J C Holden, 9 June 2023) APPLICATION FOR SECURITY FOR COSTS - evidence of likely inability to pay costs is dated and position has now changed – application declined.

[2023] NZEmpC 83 Carrington Resort Jade LP v Knight (Interlocutory Judgment of Judge K G Smith, 6 June 2023) APPLICATION FOR STAY OF PROCEEDINGS – no grounds established to justify stay – application declined.

[2023] NZEmpC 81 Carrington Resort Jade LP v Roy (Interlocutory Judgment of Judge J C Holden, 2 June 2023) APPLICATION FOR STAY – no basis for a stay – application declined.

[2023] NZEmpC 79 New Zealand Qualifications Authority v Hickey (Costs Judgment of Judge K G Smith, 30 May 2023) COSTS – LEGAL AID – employee was in receipt of legal aid throughout both Authority and Court proceedings – employee was protected from costs order under Legal Services Act 2011, s 45(2) – no costs awarded.

[2023] NZEmpC 77 Halse v Hamilton City Council (Interlocutory Judgment of Judge J C Holden, 26 May 2023) APPLICATION FOR JUDGMENT BY DEFAULT – APPLICATION FOR STRIKE OUT – no reasonable grounds for judgment by default – application struck out.

[2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc (Judgment of Judge K G Smith, 23 May 2023) APPLICATION FOR INTERIM INJUNCTION AGAINST STRIKE – strike proposed on health and safety grounds – no need for immediate and significant risk under s 84 of the Employment Relations Act 2000 – evidence establishes reasonable belief in health and safety risk – strike is proposed to be short – balance of convenience weighs against interim injunction – application declined.

[2023] NZEmpC 73 E Tu Inc v New Zealand Steel Ltd (Interlocutory Judgment of Judge J C Holden, 16 May 2023) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGE – challenge already filed will cover issues between the parties – no extension of time is required – extension of time would have been granted if required.

[2023] NZEmpC 71 Straayer v Employment Relations Authority (Costs Judgment of Judge B A Corkill, 3 May 2023) COSTS – GUIDELINE SCALE – costs awarded to Worksafe – insufficient financial information to reduce costs for financial hardship - litigant in person was partially successful on interlocutory judgment – litigant in person can only claim costs in exceptional cases, which this is not – costs not awarded on interlocutory judgment.

[2023] NZEmpC 69 Halse v Employment Relations Authority (Judgment of Judge J C Holden, 2 May 2023) APPLICATION FOR STAY – application for leave to appeal to the Court of Appeal not yet filed – application declined – APPLICATION TO STRIKE OUT JUDICIAL REVIEW – Employment Relations Authority was not required to file a statement of defence – Employment Court jurisdiction to judicially review Employment Relations Authority is limited – no reasonably arguable case for judicial review – judicial review application is vexatious – judicial review application is abuse of process - judicial review struck out.

[2023] NZEmpC 68 Vietnew Corp Ltd T/A Saigon Restaurant & Bar Palmy v Shand (Interlocutory Judgment of Judge J C Holden, 28 April 2023) APPLICATION FOR STAY – application granted with conditions.