Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2023] NZEmpC 13 People Media Group Ltd v Galligan (Interlocutory Judgment of Judge J C Holden, 16 February 2023) APPLICATION FOR STAY OF PROCEEDINGS – APPLICATION FOR SECURITY FOR COSTS – stay not in interests of justice – respondent accepts it would not be in position to pay costs if unsuccessful on challenge – security for costs ordered.

[2023] NZEmpC 14 Pilgrim v The Attorney-General (Interlocutory Judgment (No 23) of Chief Judge Christina Inglis, 15 February 2023) APPLICATION FOR REMOTE ATTENDANCE AT HEARING - MEDIA ORGANISATION - application granted for remote attendance in Greymouth - no grounds for remote attendance in Christchurch.

[2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd (Judgment of Judge K G Smith, 10 February 2023) HOLIDAYS - INTERPRETATION OF COLLECTIVE AGREEMENT - parties had mechanism for determining annual holidays in collective agreement - s 19 of Holidays Act 2003 could not apply - employer could not require employees to take annual leave without agreement.

[2023] NZEmpC 9 Halse v Employment Relations Authority (Interlocutory Judgment of Judge Kathryn Beck, 7 February 2023) APPLICATION FOR ADJOURNMENT AND EXTENSION OF TIME – no grounds for adjournment or extension of time – not in interests of justice to delay hearing further – application declined.

[2023] NZEmpC 7 Vivo Beauty Ltd v Hunt (Consent Judgment of Judge J C Holden, 3 February 2023) CONSENT.