Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 23 O’Boyle v McCue (Costs Judgment of Judge B A Corkill, 9 March 2021) COSTS – whether uplift is appropriate – Calderbank not taken into account because it was directed only to Authority investigation – issue of unpaid entitlements required significant attendances – costs increased by $4,000.

[2021] NZEmpC 21 Neil v New Zealand Nurses Organisation (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 8 March 2021) APPLICATION FOR STAY – Court proceedings are subject to judicial review – consent.

[2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc (Interlocutory Judgment of Judge J C Holden, 4 March 2021) APPLICATION TO STRIKE OUT PARTS OF STATEMENT OF CLAIM – whether application for special damages is appropriately detailed – method of calculation was specified – statement of claim complies with reg 11 – application dismissed.

[2021] NZEmpC 17 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 24 February 2021) APPLICATION FOR LEAVE TO FILE AMENDED PLEADINGS – URGENCY – parties should have opportunity to ensure real controversy goes to trial – application granted.

[2021] NZEmpC 15 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 7) of Chief Judge Christina Inglis, 19 February 2021) APPLICATION FOR ADJOURNMENT – time differences – personal issues – no prejudice to other party – application granted.

[2021] NZEmpC 13 Edwards v Recreational Services Ltd (Interlocutory Judgment of Judge K G Smith, 16 February 2021) APPLICATION FOR SECURITY FOR COSTS – grounds of challenge not strong – respondent has limited financial means – order granted.

[2021] NZEmpC 11 Coetzee v Oamaru Meats Ltd (Consent Judgment of Judge K G Smith, 12 February 2021) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE STATEMENT OF DEFENCE - consent.

[2021] NZEmpC 9 Samuels v Employment Relations Authority (Costs Judgment of Chief Judge Christina Inglis, 11 February 2021) COSTS – JUDICIAL REVIEW – costs can only be awarded against judicial officers in rare circumstances – no bad faith by Authority – costs lie where they fall.

[2021] NZEmpC 7 Canterbury Westland Kindergarten Assoc Inc v Barnes (Costs Judgment of Chief Judge Christina Inglis, 9 February 2021) COSTS – GUIDELINE SCALE – no reason for uplift.

[2021] NZEmpC 5 FVB v XEY (Costs Judgment of Judge J C Holden, 3 February 2021) COSTS – GUIDELINE SCALE – actual costs below guideline scale costs – actual costs awarded.

[2021] NZEmpC 3 Morgan v Tranzit Coachlines Wairarapa Ltd (Costs Judgment of Chief Judge Christina Inglis, 26 January 2021) COSTS – both parties were partly successful – costs lie where they fall.

[2021] NZEmpC 1 QDA v EKD (Interlocutory Judgment of Judge K G Smith, 21 January 2021) APPLICATION FOR STAY OF EXECUTION – concern about employee’s financial circumstances – challenge may be rendered ineffectual if stay is not granted – stay granted

[2020] NZEmpC 237 Gate Gourmet NZ Ltd and ors v Sandhu and Ors (Judgment of the Full Court, 21 December 2020) MINIMUM WAGE - employer shut down business during lockdown - employer was essential service - whether employees entitled to minimum wage during business closedown when not working - entitlement to minimum wage comes from Minimum Wage Act 1983, s 6, which requires work - s 7(2) does not apply unless work is performed under s 6 - DISSENT - Minimum Wage Act 1983, s 6 applies where there is an agreement to perform work - s 7(2) prevents deductions because of time lost unless because of employee illness, injury, or default - business closedown amounts to time lost - closedown was not a result of illness, injury, or default - employees were entitled to minimum wage during closedown.