Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department (Costs Judgment of the full Court, 17 November 2021) COSTS – applications for costs by first and second defendants – first defendant sought two-thirds of actual and reasonable costs – second defendant sought guideline scale – HELD – complex proceeding – several interlocutory judgments – guideline scale did not recognise sufficiently the significant attendances – degree of importance associated with the proceeding but not a test case – two-thirds of actual and reasonable costs awarded to first defendant with deductions to recognise access to justice, matter of importance, overlap – scale costs awarded to second defendant with deduction to recognise overlap – applications granted.

[2021] NZEmpC 196 KAQ v The Attorney-General (Judgment of Chief Judge Christina Inglis, 12 November 2021) APPLICATION FOR ACCESS TO COURT DOCUMENTS – material contains personal and sensitive information – plaintiff was a minor – proceedings were discontinued so claims are untested – limited access granted.

[2021] NZEmpC 194 Henry v South Waikato Achievement Trust (Judgment of Judge K G Smith, 8 November 2021) APPLICATION FOR STAY OF EXECUTION OF COSTS DETERMINATION – challenge filed to both substantive and costs determination – application granted, by consent.

[2021] NZEmpC 192 AB Roofing Ltd v Lane (Judgment of Judge B A Corkill, 4 November 2021) APPLICATION TO STRIKE OUT CHALLENGE FOR WANT OF PROSECUTION – significant non-compliance with Court’s directions – no constructive attempt to prosecute claim – application granted.

[2021] NZEmpC 190 Best Health Foods Ltd v Berea (Judgment of Judge B A Corkill, 3 November 2021) COSTS – Appropriate to award two-thirds of actual and reasonable costs – costs awarded.

[2021] NZEmpC 188 Kowhai Intermediate School Board of Trustees v West (Interlocutory Judgment of Judge K G Smith, 2 November 2021) APPLICATION FOR URGENCY – undertaking given – undertaking removed need to further consider application for urgency – application dismissed.

[2021] NZEmpC 186 Restaurant Brands Ltd v Gill (Judgment of Judge B A Corkill, 2 November 2021) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – employer breached good faith by failing to communicate and help resolve visa issues – failure does not amount to unjustifiable disadvantage but the dismissal was unjustifiable – compensation and lost wages awarded.

[2021] NZEmpC 184 Coetzee v Oamaru Meats Ltd (Costs Judgment of Judge K G Smith, 27 October 2021) COSTS – GUIDELINE SCALE – financial circumstances do not justify a reduction in cost – costs awarded.

[2021] NZEmpC 180 Scullin v Airways Corp of New Zealand Ltd (Judgment of Judge J C Holden, 21 October 2021) APPLICATION FOR INTERIM REINSTATEMENT – arguable case for unjustifiable dismissal established – company cannot reinstate employee because of licensing issues – reinstatement not practicable – application declined.

[2021] NZEmpC 181 Wanaka Pharmacy Ltd v McKay (Costs Judgment of Judge Kathryn Beck, 21 October 2021) COSTS – GUIDELINE SCALE – company was the successful party by reducing remedies – employee had partial success – costs awarded with 50% reduction.

[2021] NZEmpC 178 Guan v Jay.Co Ltd (Judgment of Judge B A Corkill, 18 October 2021) UNPAID WAGES – PREMIUM - Authority was correct about number of hours worked by employee – Authority was correct that the employee did not pay a premium for employment – challenge dismissed.

[2021] NZEmpC 176 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment (No 2) of Judge J C Holden, 13 October 2021) DISCHARGE OF FREEZING ORDER - consent.

[2021] NZEmpC 174 Hope v Attorney-General (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 12 October 2021) APPOINTMENT OF LITIGATION GUARDIAN – guardian appointed.