Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 43 Stenhouse v Towman Towing Group Ltd (Judgment of Judge K G Smith, 15 March 2022) APPLICATION FOR COSTS – application granted.

[2022] NZEmpC 41 GF v Comptroller of the New Zealand Customs Service (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 10 March 2022) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – applicant has interest in proceedings – application granted.

[2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections (Judgment of Judge B A Corkill, 9 March 2022) APPLICATION TO STRIKE OUT PROCEEDING – amended statement of claim challenged lawfulness of COVID-19 Vaccinations Order – Employment Court no jurisdiction to determine lawfulness of Order – no reasonably arguable cause of action – application granted.

[2022] NZEmpC 37 E Tu Inc v Rasier Operations BV (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 8 March 2022) APPLICATION FOR AUDIO-VISUAL LINK – travel issues – application not opposed – application granted.

[2022] NZEmpC 34 Henderson Travels Ltd v Kaur (Judgment of Judge K G Smith, 8 March 2022) Application for stay of Authority determination – concern about ability to repay – payment of amount into Court – application granted.

[2022] NZEmpC 33 Capital and Coast District Health Board v Public Service Association, Te Pukenga Here Tikanga Mahi (Reasons for Judgment of Judge B A Corkill, 4 March 2022) APPLICATION FOR INTERIM INJUNCTION – arguable that strike related to equal pay claim and not collective bargaining – significant consequences to strike on hospital operations – balance of convenience favours granting injunction in context of pandemic – application granted.

[2022] NZEmpC 31 Kennedy v The Chief Executive of Oranga Tamariki – Ministry for Children (Consent Judgment of Judge Kathryn Beck, 28 February 2022) CONSENT.

[2022] NZEmpC 29 Courage v Attorney-General (Interlocutory Judgment (No 6) of Chief Judge Christina Inglis, 23 February 2022) APPLICATION FOR IN-COURT MEDIA COVERAGE – proceedings are of significant public interest – application granted.

[2022] NZEmpC 27 Courage v Attorney-General (Interlocutory Judgment (No 5) of Chief Judge Christina Inglis, 18 February 2022) APPLICATION FOR PERMANENT NON-PUBLICATION ORDERS – no evidence of commercial sensitivity – no specific adverse consequences in relation to privacy concerns – application declined.

[2022] NZEmpC 25 UBP Ltd v Rantiaawa-Kaui (Interlocutory Judgment of Judge Kathryn Beck, 16 February 2022) APPLICATION FOR STAY OF EXECUTION – risk of challenge being rendered ineffectual – challenge being pursued in good faith – balance of convenience favours granting stay – application granted.

[2022] NZEmpC 23 Courage v Attorney-General (Interlocutory Judgment (No 4) of Chief Judge Christina Inglis, 11 February 2022) APPLICATION TO EXCLUDE EVIDENCE AND/OR CROSS-EXAMINE WITNESSES – cross-examination allowed – evidence not excluded.

[2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children (Judgment of Judge J C Holden, 11 February 2022) APPLICATION FOR INTERIM REINSTATEMENT – serious question to be tried – no evidence of previous disciplinary matters – satisfied that defendant would be able to have plaintiff at work without undue health and safety risk – period of interim reinstatement relatively short – application granted.

[2022] NZEmpC 19 Kang v Saena Company Ltd (Interlocutory Judgment of Chief Judge Inglis, 10 February 2022) APPLICATION FOR LEAVE TO FILE AMENDED PLEADINGS – applicant should be allowed to increase quantum of remedies sought – application granted – APPLICATION TO EXCLUDE EVIDENCE – evidence to be included but taken into account when considering costs – ADMISSIBILITY OF EVIDENCE – part of evidence contains reference to mediation – offending paragraphs to be struck out.