Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2023] NZEmpC 5 A Labour Inspector of the Ministry of Business, Innovation and Employment v Nikhil Himalaya Point Chev Ltd T/A Merchants Liquor (Consent Judgment of Judge Kathryn Beck, 27 January 2023) BREACH OF MINIMUM ENTITLEMENTS – CONSENT – declarations of breach made – compensation orders made – wage arrears ordered – banning order made.

[2023] NZEmpC 3 Manuhiri Kaitiaki Charitable Trust v McClymont (Interlocutory Judgment of Judge J C Holden, 26 January 2023) GOOD FAITH REPORT – behaviour by party in Authority was not deliberately obstructive or contemptuous – matter can proceed by way of de novo hearing – costs awarded.

[2023] NZEmpC 1 Pilgrim v Attorney-General ((Interlocutory Judgment (No 20) of Chief Judge Christina Inglis, 10 January 2023) COURT SITE VISIT – CHANGE OF COURT VENUE.

[2022] NZEmpC 235 THL (2005) and ors v NEN and MDL (Judgment of Judge J C Holden, 19 December 2022) FREEZING ORDER – freezing order and ancillary orders granted – non-publication orders granted.

[2022] NZEmpC 237 De Sousa v Dehlsen (Consent Judgment of Judge Kathryn Beck, 19 December 2022) CONSENT.

[2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children (Judgment of Judge K G Smith, 16 December 2022) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISMISSAL - employer did not sufficiently establish finding of serious misconduct - summary dismissal was unjustifiable - reinstatement practicable and reasonable - reinstatement ordered - lost wages and compensation awarded.

[2022] NZEmpC 232 Kang v Saena Company Ltd (Costs Judgment of Judge B A Corkill, 14 December 2022) COSTS - legal aid - uplift for Calderbank offer - adjusted for partial success - costs awarded.

[2022] NZEmpC 230 Te Whatu Ora – Health New Zealand v CultureSafe New Zealand Ltd (Interlocutory Judgment of Judge B A Corkill, 13 December 2022) APPLICATION FOR AUDIO RECORDINGS – not appropriate to provide audio – whether transcript should be provided – transcript already exists so no risk of wasting court resources – application granted.