Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 39 Wilson-Grange Investments v Guerra (Judgment of Chief Judge Christina Inglis, 14 March 2023) NON-DE NOVO CHALLENGE - PERSONAL GRIEVANCE - Authority did not make an error in finding reduction in wages to be personal grievance, even in circumstances of COVID-19 lockdown - Authority did not make an error in finding a personal grievance for an unfair disciplinary process or in awarding costs.

[2023] NZEmpC 37 Elliott v Coastal Cabins Ltd (Consent Judgment of Judge Kathryn Beck, 9 March 2023) CONSENT.

[2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand (Interlocutory Judgment (No 3) of Judge B A Corkill, 8 March 2023) APPLICATION WITH REGARD TO INTERVENER STATUS – issues are important – intervener participation allowed on a restricted basis.

[2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 7 March 2023) NON-DE NOVO CHALLENGE - NATURE AND EXTENT OF HEARING - non-de novo challenge is not a stricto sensu appeal - evidence presented in Court is not restricted to evidence that was presented in Authority.

[2023] NZEmpC 31 Pact Group v Robinson (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 1 March 2023) APPLICATION TO PARTICIPATE AT A HEARING BY ALTERNATIVE MEANS – application not opposed – witness lives in Australia and travel would present personal difficulties – application granted.

[2023] NZEmpC 29 Bowen v Bank of New Zealand (Interlocutory Judgment (No 3) of Judge J C Holden, 28 February 2023) APPLICAION TO DISMISS PROCEEDINGS – Authority can determine how it investigates an employment relationship, including what evidence to accept –Authority determination on evidence admissibility cannot be challenged under s 179(5) – proceedings dismissed – non-publication orders made.

[2023] NZEmpC 27 Pilgrim v Attorney-General (Interlocutory Judgment (No 30) of Chief Judge Christina Inglis, 27 February 2023) APPLICATION FOR DISCLOSURE OF DOCUMENTS – documents sought are relevant – disclosure would be time-consuming and expensive – application granted with conditions.

[2023] NZEmpC 25 Pilgrim v The Attorney-General (Interlocutory Judgment (No 28) of Chief Judge Christina Inglis, 23 February 2023) APPLICATION BY MEDIA TO ATTEND SITE VISIT - non-accredited journalist producing a documentary - different considerations apply as compared to other media companies - application declined.

[2023] NZEmpC 23 Pilgrim v The Attorney-General (Interlocutory Judgment (No 27) of Chief Judge Christina Inglis, 22 February 2023) APPLICATION FOR MEDIA TO ATTEND SITE VISIT - Court has jurisdiction to make orders - balance between open justice and privacy concerns - application granted with conditions.

[2023] NZEmpC 20 Henry v South Waikato Achievement Trust (Judgment of Judge K G Smith, 22 February 2023) SUSPENSION – DISMISSAL – REMEDIES – decision to suspend not justified – employee not informed of real reason for suspension – decision to dismiss not justified – dismissal investigation flawed – compensation for lost wages – compensation for humiliation and injury to feelings – special damages awarded for legal fees incurred during dispute.

[2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School (Interlocutory Judgment (No 3) of Judge B A Corkill, 21 February 2023) APPLICATION AS TO ADMISSIBILITY OF EVIDENCE – cautious approach to be applied when excluding evidence pre-trial – some objections have merit – certain evidence excluded according to schedule.

[2023] NZEmpC 17 Pilgrim v Attorney-General (Interlocutory Judgment (No 25) of Chief Judge Christina Inglis, 18 February 2023) APPLICATION FOR IN-COURT MEDIA COVERAGE – footage to be used in documentary – open justice principles can still be served by non-contemporaneous coverage – proceedings are of significant public interest – application granted.