Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 179 Sky Stone Consulting Ltd v Xu (Interlocutory Judgment of Chief Judge Christina Inglis, 27 September 2022) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – applicant is in strained financial circumstances – interests of justice weigh in favour of granting security for costs – proceedings stayed until security for costs is paid.

[2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector of Ministry of Business, Innovation and Employment (Judgment of Judge J C Holden, 23 September 2022) MINIMUM STANDARDS – employee is owed minimum wages and holiday pay – company director was person involved in minimum wage and holiday pay breaches – company director is liable if company fails to pay amounts owing – PENALTIES – Preet and statutory factors considered – $19,200 in penalties awarded against company - $9,600 in penalties awarded against director.

[2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne (Judgment of Chief Judge Christina Inglis, 22 September 2022) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CROSS-CHALLENGE – delay was lengthy – interests of justice point against allowing leave – application declined.

[2022] NZEmpC 173 Zhang v Panda Restaurant Ltd (Interlocutory Judgment of Judge K G Smith, 21 September 2022) APPOINTMENT FOR SUBSTITUTED SERVICE – respondent is evading service using traditional means – using email as an alternative is appropriate – application granted.

[2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd (Judgment of Judge Kathryn Beck, 15 September 2022) SETTLEMENT AGREEMENT – no evidence of threat or illegitimate pressure to sign settlement agreement, nor of coercion or duress – settlement agreement not set aside – settlement agreement prevents new claims from being brought – employees made comments that breached settlement agreement – employees were not aware of the existence of the settlement agreement and their acts could not be imputed to the company – settlement agreement was not breached.

[2022] NZEmpC 167 Halse v Employment Relations Authority (Judgment of Judge K G Smith, 13 September 2022) APPLICATION TO STRIKE OUT PROCEEDING - JUDICIAL REVIEW - Authority had jurisdiction to make orders - Court does not have jurisdiction for review - judicial review is frivolous and vexatious - judicial review struck out.

[2022] NZEmpC 168 Pilgrim v Attorney-General (Interlocutory Judgment (No 17) of Chief Judge Christina Inglis, 12 September 2022) APPOINTMENT OF COURT EXPERT – Employment Court has jurisdiction to appoint court expert at any time – assistance of court expert would outweigh additional cost and delay – court expert to be appointed.

[2022] NZEmpC 165 Halse v Employment Relations Authority (Interlocutory Judgment of Judge B A Corkill, 7 September 2022) APPLICATION FOR STRIKE OUT OF JUDICIAL REVIEW PROCEEDINGS – judicial review cause of action is not clearly untenable – judicial review is not an abuse of process – application declined.

[2022] NZEmpC 163 Matajod v Crazy Horse Ltd (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 7 September 2022) APPLICATION TO EXTEND TIME TO FILE STATEMENT OF DEFENCE - APPLICATION TO EXTEND TIME TO FILE CROSS CHALLENGE - company’s challenges to not adequately explain the length of the delay – statement of defence should be allowed to be filed in interests of justice – leave not granted to file cross challenge.

[2022] NZEmpC 161 Tranzurban Hutt Valley Ltd v New Zealand Tramways & Public Passenger Transport Employees Union Wellington Inc (Costs Judgment of Judge B A Corkill, 31 August 2022) COSTS – GUIDELINE SCALE – costs awarded.

[2022] NZEmpC 159 BAC v TRS (Interlocutory Judgment of Judge J C Holden, 30 August 2022) APPLICATION FOR NON-PUBLICATION ORDERS – no grounds for non-publication order – application declined – APPLICATION FOR STAY – no purpose to stay application in the circumstances – application declined.

[2022] NZEmpC 157 Gun City Ltd v Norris (Consent Judgment of Judge Kathryn Beck, 26 August 2022) CONSENT.

[2022] NZEmpC 155 Pilgrim v Attorney-General (Interlocutory Judgment (No 13) of Chief Judge Christina Inglis, 26 August 2022) APPLICATION FOR IN-COURT MEDIA COVERAGE – application not opposed – application granted subject to standard conditions.