Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 20 Courage v Attorney-General (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 11 February 2022) APPLICATION FOR LEAVE TO REQUIRE ANSWER TO INTERROGATORIES – relevance is arguable – requested interrogatories are oppressive with limited time until hearing – application declined.

[2022] NZEmpC 18 Courage v Attorney-General (Interlocutory Judgment (No 2) of Chief Judge Inglis, 10 February 2022) APPLICATION FOR IN-COURT MEDIA COVERAGE – proceedings have public importance and genuine public interest – privacy concerns can be addressed – applicant I bound by rules and protocols to alleviate possibility of unbalanced reporting – application granted.

[2022] NZEmpC 16 Courage v Attorney-General (Interlocutory Judgment of Chief Judge Christina Inglis, 9 February 2022) APPLICATION FOR IN-COURT MEDIA COVERAGE – applicant can attend hearing without making a recording.

[2022] NZEmpC 14 Farrand Orchards Ltd v Tane (Interlocutory Judgment of Judge Kathryn Beck, 8 February 2022) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE STATEMENT OF DEFENCE – minimal delay – lack of prejudice – application granted.

[2022] NZEmpC 12 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment of Judge B A Corkill, 8 February 2022) APPLICATION FOR STAY – Court of Appeal to hear appeal on preliminary point – confined period involved – absence of opposition – application granted.

[2022] NZEmpC 10 Shaw v Bay of Plenty District Health Board (Judgment of Judge K G Smith, 4 February 2022) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISADVANTAGE – employee did not raise grievance of being bullied – UNJUSTIFIABLE DISMISSAL – employee was dismissed for breaching confidential patient records – dismissal was procedurally and substantively justifiable – challenge dismissed.

[2022] NZEmpC 7 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFoods Ltd (Oral Judgment of Judge B A Corkill, 28 January 2021) APPLICATION TO DISCHARGE FREEZING ORDER – parties to give further evidence – refined freezing order made.

[2022] NZEmpC 5 VMR v Civil Aviation Authority (Judgment of Judge B A Corkill, 24 January 2022) APPLICATION FOR INTERIM REINSTATEMENT – weakly arguable case for unjustifiable dismissal – weakly arguable case for permanent reinstatement – employing unvaccinated workers likely to be in breach of COVID-19 Public Health Response (Vaccinations) Order 2021 – reinstatement would not be appropriate if it would lead to a breach by the employer – balance of convenience weighs against interim reinstatement – application declined - APPLICATION FOR INTERIM NON-PUBLICATION – non-publication granted in other jurisdictions – significant public interest in mandatory vaccinations – application granted.

[2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley (Judgment of Judge Kathryn Beck, 20 January 2022, Reissued 30 March 2022) CONSTRUCTIVE DISMISSAL – employer breached duty to employee by making unsubstantiated allegation at beginning of investigation process and by making conclusion on investigation before seeking comment – employee was not induced to resign by these breaches but rather by finding alternative employment – breaches were not sufficiently serious to make resignation reasonably foreseeable – employee was not constructively dismissed – UNJUSTIFIED DISADVANTAGE – letter by employer was unjustifiable and caused disadvantage – compensation for hurt and humiliation awarded – reduction made for contribution – BREACH OF EMPLOYMENT AGREEMENT AND GOOD FAITH – employee breached employment agreement and good faith by failing to provide notice of resignation -  small penalty awarded.

[2022] NZEmpC 2 Orora Packaging New Zealand Ltd v E Tu Inc (Consent Judgment of Judge Kathryn Beck, 20 January 2022) CONSENT – confidential settlement.

[2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd (Judgment of Judge B A Corkill, 22 December 2021) APPLICATION FOR FREEZING AND ANCILLARY ORDER – good arguable case established – assets in jurisdiction may be at risk of disposal – application granted.

[2021] NZEmpC 229 Mataura Milk Valley Ltd v Scott (Interlocutory Judgment (No 4) of Judge K G Smith, 21 December 2021) SEARCH ORDER – partial discharge.

[2021] NZEmpC 227 AlKazaz v Enterprise IT Ltd (Interlocutory Judgment (No 6) of Judge J C Holden, 16 December 2021) APPLICATION TO ADDUCE FURTHER EVIDENCE – limited oral evidence permitted – application granted in part.