Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 201 Young v Port of Tauranga Ltd (Judgment of Judge J C Holden, 9 November 2022) INTERIM REINSTATEMENT – serious issue to be tried on unjustifiable dismissal – no vacant position to reinstate employee into – employee’s post-termination conduct was “extreme” – permanent reinstatement not seriously arguable – balance of convenience and interests of justice point against reinstatement – interim reinstatement not ordered.

[2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd (Judgment of Judge B A Corkill, 8 November 2022) AVAILABILITY PROVISION – UNJUSTIFIABLE DISADVANTAGE – availability provision was included in employment agreement – employee was disadvantaged by existence of the clause regardless of whether it was strictly enforced – parties to resolve remedies – personal grievance was raised within time, as limitation period started when employee learned that the availability provision was invalid – remedies start from the date of availability provision being signed – Employment Court has jurisdiction to consider a quantum meruit claim.

[2022] NZEmpC 198 SP Blinds Ltd v Hogan (Consent Judgment of Chief Judge Christina Inglis, 4 November 2022) CONSENT.

[2022] NZEmpC 196 E Tū Inc v Rasier Operations BV (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 31 October 2022) APPLICATION TO ACCESS AUDIO RECORDING – audio recording was referred to in judgment – public interest in proceedings – confidentiality issues can be dealt with by conditions – application granted on conditions.  

[2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge K G Smith, 26 October 2022) MINIMUM STANDARDS – minimum wage compliance when employees are paid by commission – case distinguishable from impermissible averaging cases – employees payments complied with minimum wage – improvement notices are limited by wage and time record obligations – improvement notice varied.

[2022] NZEmpC 193 Bowen v Bank of New Zealand (Interlocutory Judgment (No 2) of Judge J C Holden, 25 October 2022) APPLICATION FOR LEAVE TO ADDUCE FURTHER EVIDENCE – further evidence allowed in the interests of justice.

[2022] NZEmpC 191 McDermott v Employment Relations Authority (Costs Judgment of Judge K G Smith, 25 October 2022) COSTS – GUIDELINE SCALE – statements about financial circumstances were not supported by evidence – costs awarded.

[2022] NZEmpC 189 Carver v Metallic Sweeping (1998) Ltd (Judgment of Judge K G Smith, 21 October 2022) APPLICATION TO STRIKE OUT – statement of claim does not comply with regulations and fails to adequately inform defendant – statement of claims struck out.

[2022] NZEmpC 187 Singh v Johnstone (Consent Judgment of Judge K G Smith, 21 October 2022) CONSENT.

[2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd (Judgment of Judge B A Corkill, 17 October 2022) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS – proceedings involve similar or related issues to proceedings already before the Court – important legal issue will arise other than incidentally – no compelling reason to decline leave – application granted.

[2022] NZEmpC 183 Butt v Attorney-General (Judgment of Judge Kathryn Beck, 12 October 2022) SETTLEMENT AGREEMENT – MISREPRESENTATION – CANCELLATION – plaintiff sought to cancel settlement agreement for misrepresentation – defendant made misrepresentation to plaintiff – plaintiff relied on misrepresentation – plaintiff induced by representation to sign agreement – parties did not explicitly or implicitly agree that the truth of the representation was essential – misrepresentation substantially reduced the benefit of the contract to the plaintiff – plaintiff entitled to cancel contract – plaintiff entitled to proceed with claim.

[2022] NZEmpC 181 NZEC Management Ltd v McKnight (Consent Judgment of Judge Judge Kathryn Beck, 3 October 2022) CONSENT.