Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 148 HG v Employment Relations Authority (Interlocutory Judgment of Judge J C Holden, 9 September 2021) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – Attorney-General in respect of Ministry of Business, Innovation and Employment has direct and valid interest – application granted.

[2021] NZEmpC 146 Gafiatullina v Propellerhead Ltd (Judgment of Judge Kathryn Beck, 8 September 2021) UNJUSTIFIABLE DISMISSAL – REDUNDANCY – disestablishment of position was for sound financial reasons – disestablishment of position was substantively justifiable – process was not fair and reasonable – lack of discussion about redeployment – overall dismissal was unjustifiable – remedies awarded.

[2021] NZEmpC 144 Crossen v Yangs House Ltd (Costs Judgment of Judge K G Smith, 7 September 2021) COSTS – LEGAL AID – unsuccessful party was legally aided – no exceptional circumstances to justify award of costs – costs lie where they fall.

[2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd (Judgment of Judge Kathryn Beck, 26 August 2021) INTERIM REINSTATEMENT – Authority returned employee to the payroll but not to the workplace - employee has arguable claim of unjustifiable dismissal – reinstatement would arguably be reasonable and practicable – company lacks trust and confidence in employee – problematic relationship with co-workers – employee to remain only on payroll.

[2021] NZEmpC 140 Ngawaka v Global Security Solutions Ltd (Interlocutory Judgment (No 2) of Judge K G Smith, 23 August 2021) APPLICATION FOR LEAVE TO FILE FURTHER EVIDENCE – further evidence will be relevant – application granted.

[2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation (Judgment of Judge B A Corkill, 23 August 2021) APPLICATION FOR DECLARATIONS – STRIKE – Authority has jurisdiction to make findings about interpretation or construction of the Act and therefore make declarations contained in a determination – whether life preserving services agreements under Code of Good Faith are binding on parties – agreement is not a binding contract but contains obligations that should be followed in good faith – breach of life preserving services agreement is not necessarily a breach of good faith but may be – compliance order may be available in some circumstances – Union did not breach good faith by insisting on only being bound to use best endeavours to comply with agreement – right to strike belongs to individual members and Union cannot require a member not to strike – declarations made.

[2021] NZEmpC 136 Brunning v Riccarton Florist Ltd (Interlocutory Judgment of Judge B A Corkill, 17 August 2021) APPLICATION TO ADJOURN HEARING – plaintiff wishes to focus on recovery of amounts already owing – application granted.

[2021] NZEmpC 134 MacLeod v Wellington City Transport Ltd (Judgment of Judge B A Corkill, 17 August 2021) NOTICE OF DISCONTINUANCE – file closed – no issue as to costs.

[2021] NZEmpC 132 Church v The Chief Executive of Oranga Tamariki – Ministry for Children (Consent Judgment of Judge K G Smith, 16 August 2021) CONSENT.

[2021] NZEmpC 130 Barry v C I Builders Ltd (Costs Judgment of Chief Judge Christina Inglis, 16 August 2021) COSTS – GUIDELINE SCALE – 2B categorisation was appropriate.

[2021] NZEmpC 129 Caddy v Vice-Chancellor, University of Auckland (Judgment of Judge Kathryn Beck, 13 August 2021) PERSONAL GRIEVANCE – REDUNDANCY – restructuring was justifiable for genuine business reasons – process followed to disestablish position and decline redeployment was overall justifiable – dismissal was not unjustifiable.

[2021] NZEmpC 127 AlKazaz v Deloitte (No. 3) Ltd (Reasons for Oral Judgment (Interlocutory Judgment (No 5)) of Judge Kathryn Beck, 10 August 2021) APPLICATION TO CROSS-EXAMINE WITNESS – interlocutory application – affidavit evidence – grounds advanced not sufficient to amount to special circumstances – application declined – APPLICATION TO SET ASIDE WITNESS SUMMONS – issues as to relevance, hearsay and legal professional privilege – witness not employed at the same time as plaintiff – application granted.

[2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd (Judgment of Judge B A Corkill, 9 August 2021) CHALLENGE – non-publication – inadvertent error occurred in the Authority as to whether non-publication was sought – circumstances did not require non-publication orders – challenge successful.