Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 256 VGM v JXC (Interlocutory Judgment (No 2) of Judge King, 23 December 2024) APPLICATION FOR STAY – insufficient evidence that challenge would be rendered ineffectual without stay – successful party entitled to fruits of success

[2024] NZEmpC 253 Johnston v Te Whatu Ora - Health New Zealand (Judgment of Judge Beck, 18 December 2024) REMOVAL – SPECIAL LEAVE – DISMISSAL – NOTIFICATION TO PROFESSIONAL BODY – GOOD FAITH OBLIGATIONS – IMMUNITY PROVISIONS – HEALTH PRACTITIONERS – employer made notification about employee under Health Practitioners Competence Assurance Act 2003 – notification led to employee’s registration being suspended – employee’s suspension led to their dismissal – employee claims that dismissal was predetermined from point of notification – whether employer required to act in good faith when making notification – whether employer protected by immunity provisions in Health Practitioners Competence Assurance Act – important questions surrounding employer’s obligations when notifying professional bodies – important questions surrounding notification processes being strategically utilised to avoid employment law obligations – questions important and likely to arise other than incidentally – removal…

[2024] NZEmpC 251 The Chief of New Zealand Defence Force v NZ PSA Te Pūkenga Here Tikanga Mahi (Judgment of the full Court, 16 December 2024) COLLECTIVE BARGAINING - PROHIBITED PREFERENCE - terms and conditions should be considered as a whole to determine whether prohibited preference - no preference in the circumstances - PASSING ON - remuneration was passed on to non-union employees - passing on was with the intention of undermining collective agreement but did not have that effect - no breach of good faith.

[2024] NZEmpC 248  Secretary for Education v Public Service Association (Judgment of Judge JC Holden, 13 December 2024 ( COLLECTIVE AGREEMENT – CONTRACT INTERPRETATION – whether wording required parties to agree on options for surplus staff – whether “case by case” meant on an individual basis – when viewed in context the PSA and Ministry must meet to attempt to agree on options available to surplus staff but, if agreement not reached, Ministry retains the ability to end employment at end of specified notice period – in context “case by case” here refers to restructuring process by restructuring process

[2024] NZEmpC 246 NHL v The Priory in New Zealand of The Most Venerable Order of the Hospital of St John of Jerusalem judgment redacted (Judgment of  Judge J C Holden, 11 December 2024) INTERIM NON-PUBLICATION – CHALLENGE – challenge to Authority determination declining to order interim non-publication – publication may undermine health of plaintiff – publication may impact on plaintiff’s ability to perform role – insufficient evidence that publication will undermine future employment prospects of plaintiff – publication could lead to disclosure of private personal information – non-publication ordered with exceptions for employer – employer permitted to communicate about matter with staff for benefit of plaintiff – employer permitted to speak about the matter if acting as a referee for the plaintiff

[2024] NZEmpC 243  VSL v ZSM Limited (Interlocutory Judgment of Chief Judge Inglis, 9 December 2024)APPLICATION FOR INTERIM NON-PUBLICATION - application not opposed – significant cost associated with obtaining corroborating evidence – inferences - potential psychological consequences - application granted

[2024] NZEmpC 241 Soundhomes NZ Ltd v Doughty (Judgment (No 5) of Judge Corkill, 4 December 2024) CONSENT – freezing orders extended by consent

[2024] NZEmpC 239 Idea Services Ltd v Wishart (Consent Judgment of Judge KG Smith, 3 December 2024) Consent judgment

[2024] NZEmpC 238 Preece v Synlait Milk Ltd (judgment of Judge Holden, 2 December 2024) PERSONAL GRIEVANCE – 90 DAYS – VACCINATION MANDATE – employer implemented vaccination mandate policy – employee complained – parties disagree on when grievances were raised – not every complaint or criticism will constitute a grievance – whether the employee intended to raise a grievance is not determinative – one email within the 90-day period was sufficient to raise a disadvantage grievance in respect of the vaccination policy – other communications were insufficient or sufficient but out of time – no grievance raised within time for unjustifiable dismissal – Employment Relations Authority to deal with the surviving unjustifiable disadvantage grievance

[2024] NZEmpC 235 Postal Workers Union of Aotearoa Inc v NZ Post Ltd (Interlocutory judgment of Judges KG Smith 29 November 2024) EMPLOYMENT STATUS - STAY – unsuccessful application for stay of proceeding pending judgment of Supreme Court in another case – proceeding at advanced stage – question whether SC might revisit tests for employment status in Rasier Operation BV case, with implications for this case – element of speculation  about possibility of Supreme Court overturning Bryson v Three Foot Six Ltd – substantial delay for union if stay granted – not just to delay proceeding - application for stay dismissed

[2024] NZEmpC 233 Chief of the New Zealand Defence Force v YFX (Interlocutory (No2) Judgment of Judge K G Smith 27 November 2024)Application for witness to appear via AVL - granted

[2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut (Interlocutory judgment of Judge Corkill, 27 November 2024) SECURITY FOR COSTS – plaintiff likely unable to pay costs if unsuccessful – merits of challenge not strong – cause of plaintiff’s financial circumstances unclear – security for costs ordered

[2024] NZEmpC 229 BDX v PZY (Judgment of Judge MS King 27 November 2024) NON-PUBLICATION – SEXUAL HARASSMENT – allegations of sexual harassment – plaintiff’s medical records – matter settled at judicial settlement conference – publication would undermine plaintiff’s health – non-publication orders made over parties and witnesses