Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 128 Straayer v Employment Relations Authority (Interlocutory Judgment of Judge B A Corkill, 19 July 2022) CHALLENGE TO OBJECTION TO DISCLOSURE – document is partly privileged – document to be disclosed with privileged parts redacted.

[2022] NZEmpC 126 Henderson Travels Ltd v Kaur (Interlocutory Judgment (No 2) of Judge K G Smith, 15 July 2022) APPLICATIONS FOR SECURITY FOR COSTS – application cannot be made by a plaintiff – employee impecuniosity caused by allegedly unjustifiable dismissal - security for costs would not be just against the employee in the circumstances – company has financial support – insufficient evidence that it would be unable to pay future costs award – applications dismissed.

[2022] NZEmpC 124 Pilgrim v Attorney-General (Interlocutory Judgment (No 4) of Judge B A Corkill, 13 July 2022) APPLICATION FOR IN-COURT MEDIA COVERAGE - matter is in the public interest - applicants will comply with relevant guidelines - application granted.

[2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd (Interlocutory Judgment of Judge K G Smith, 8 July 2022) APPLICATION FOR SECURITY FOR COSTS – respondent is unlikely to be able to satisfy a future costs order if challenge unsuccessful – ordering security for costs may have effect of ending litigation – such an order would not be in interests of justice – application dismissed.

[2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton (Costs Judgment of Judge K G Smith, 6 July 2022) COSTS – GUIDELINE SCALE – appropriate costs category is 2B – Calderbank offer justifies uplift – costs awarded for Authority proceedings – costs awarded on costs.

[2022] NZEmpC 118 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College (Judgment of Judge Kathryn Beck, 4 July 2022) CHALLENGE – DISPUTE – application and interpretation of collective agreement – “not open for instruction” means before 8.30 am and after 4.30 pm on days during school term, on weekends, public holidays, Easter Tuesday and vacations – challenge allowed – post-primary teachers. 

[2022] NZEmpC 116 Solander Maritime Ltd v Munro (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 29 June 2022) APPLICATION FOR CONTINUATION OF FREEZING ORDER - consent.

[2022] NZEmpC 114 STL Linehaul Ltd v Waters (Judgment of Judge J C Holden, 28 June 2022) PERSONAL GRIEVANCE – REDUNDANCY – redundancy was not substantively justified – procedural issues – dismissal was unjustifiable – compensation awarded in the bottom half of Band 2 – no deduction for contribution – Authority costs award unchanged. 

[2022] NZEmpC 113 Arohanui Hospice Service Trust v New Zealand Nurses Organisation (Consent Interlocutory Judgment of Judge J Kathryn Beck, 27 June 2022) APPLICATION FOR STAY - consent.

[2022] NZEmpC 110 Fleming v Attorney-General (Interlocutory Judgment (No 5) of Chief Judge Christina Inglis, 23 June 2022) APPLICATION TO ACCESS COURT DOCUMENTS - formal court record is accessible to the public - access to other documents will not assist for applicant's purposes - substantive hearing is not in progress - application declined.

[2022] NZEmpC 108 Saipe v Bethell (Costs Judgment of Judge J C Holden, 21 June 2022) COSTS - GUIDELINE SCALE - calculation overstated costs - financial circumstances considered.

[2022] NZEmpC 107 JKL v Stirling Andersen Ltd (Judgment of Judge Kathryn Beck, 20 June 2022) CHALLENGE - Authority was correct not to recall determination - non-publication order could have been made without recall - Authority made a determination about non-publication that can be challenged - applicant is vulnerable - non-publication appropriate - name suppression and non-publication ordered.