Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 223 UXK v Talent Propeller Ltd (Costs Judgment of Judge B A Corkill, 13 December 2021) COSTS – challenge was mostly successful but judicial review was unsuccessful – costs awarded.

[2021] NZEmpC 221 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employment (Consent Interlocutory Judgment of Judge K G Smith, 10 December 2021) APPLICATION FOR STAY – upcoming Supreme Court decision may be decisive – application granted by consent.

[2021] NZEmpC 219 E Tū Inc v Rasier Operations BV (Interlocutory Judgment of Chief Judge Christina Inglis, 9 December 2021) APPLICATION FOR STRIKE-OUT – all five defendants are connected in complex arrangement – all five defendants should remain to determine real nature of relationship – application declined.

[2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health (Judgment of Chief Judge Christina Inglis, 8 December 2021) APPLICATION FOR SECTION 6 DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international obligations - applicant's work was undertaken in a dwellinghouse - applicant was a homeworker and therefore an employee of the Minister of Health - employee entitled to be paid for all hours work as assessed under Idea Services Ltd v Dickson test.

[2021] NZEmpC 215 Stewart v AFFCO NZ Ltd (Judgment of Judge B A Corkill, 7 December 2021) INJUNCTION – LOCKOUT – company required employee to sign new individual employment agreement or join union and go on collective employment agreement – employee not allowed to continue work – permanent employee – lockout unlawful – seasonal worker.

[2021] NZEmpC 213 Baylis v Chief Executive of the Porirua City Council (Judgment of Judge J C Holden, 1 December 2021) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGE – short delay in first attempt to file statement of claim – lack of fault by applicant – lack of prejudice – in interests of justice to allow applicant to bring challenge – application granted.

[2021] NZEmpC 211 McKinlay v Wellington Cosmetic Clinic Ltd (Costs Judgment of Judge B A Corkill, 29 November 2021) COSTS – legal aid – costs awarded.

[2021] NZEmpC 210 Damerell Group Property Management Ltd v Baxter (Consent Judgment of Judge Kathryn Beck, 25 November 2021) NATURE OF EMPLOYMENT – consent.

[2021] NZEmpC 208 ABC v DEF (Judgment of Judge B A Corkill, 25 November 2021) DE NOVO CHALLENGE – notice of direction to mediation – notice of direction was a determination – matter about procedure – not impracticable or inappropriate for mediation to take place – ss 159 and 179(5) Employment Relations Act 2000 – NON-PUBLICATION –interim order of non-publication.

[2021] NZEmpC 205 WXN v Auckland International Airport Ltd (Judgment of Judge B A Corkill, 23 November 2021) DE NOVO CHALLENGE – interim reinstatement – unvaccinated airport worker – arguable case – balance of convenience and overall justice favoured plaintiff in the unusual circumstances of the case – interim reinstatement granted on conditions – challenge allowed.

[2021] NZEmpC 203 Courage v Attorney-General (Consent Judgment of Judge Christina Inglis, 22 November 2021) APPLICATION FOR DISCOVERY AGAINST NON-PARTY – consent.

[2021] NZEmpC 200 Best Health Foods Ltd v Zhou (Judgment of Judge K G Smith, 19 November 2021) REMEDIES – UNJUSTIFIABLE DISMISSAL – non-de novo challenge to remedies awarded by the Authority - Authority did not make an error of fact or law when determining remedies -  challenge dismissed.

[2021] NZEmpC 199 Lawton v Steel Pencil Holdings Ltd (in liquidation) (Judgment of Judge J C Holden, 18 November 2021) WAGE ARREARS – an individual can be liable under s 142Y even if the company has gone into liquidation – agreement between the parties settled all matters and prevents further wage arrears claims – holiday pay was still owing under the agreement – holiday pay awarded.