Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 1 GF v OO (Costs Judgment of Chief Judge Christina Inglis, 21 January 2021) COSTS – employee is unemployed because of decision not to be vaccinated – cases involving intersection between COVID-19 and employment rights should not be impeded in the interests of justice – costs to lie where they fall.

[2022] NZEmpC 3 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust (Judgment of Judge Kathryn Beck, 20 January 2022) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – delay resulted from mistake by representative – length of delay was modest – no obvious lack of merit – application granted.

[2021] NZEmpC 232 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust (Judgment of Judge K G Smith, 22 December 2021) COMPLIANCE ORDER – REINSTATEMENT – reinstatement has not been effected – breach is ongoing – compliance order to reinstate immediately granted.

[2021] NZEmpC 230 Allison v Ceres New Zealand LLC (Costs Judgment of Judge K G Smith, 22 December 2021) COSTS – GUIDELINE SCALE – reduction for financial circumstances not appropriate – Calderbank offer considered – costs awarded.

[2021] NZEmpC 228 Butt v Attorney-General (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 20 December 2021) APPLICATION TO STRIKE OUT PROCEEDINGS – settlement agreement covers statement of claim – settlement may have been induced by misrepresentation – further evidence is required – application declined.

[2021] NZEmpC 225 FDE v UWV (Consent Costs Judgment of Chief Judge Christina Inglis, 14 December 2021) COSTS - consent.

[2021] NZEmpC 223 UXK v Talent Propeller Ltd (Costs Judgment of Judge B A Corkill, 13 December 2021) COSTS – challenge was mostly successful but judicial review was unsuccessful – costs awarded.

[2021] NZEmpC 221 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employment (Consent Interlocutory Judgment of Judge K G Smith, 10 December 2021) APPLICATION FOR STAY – upcoming Supreme Court decision may be decisive – application granted by consent.

[2021] NZEmpC 219 E Tū Inc v Rasier Operations BV (Interlocutory Judgment of Chief Judge Christina Inglis, 9 December 2021) APPLICATION FOR STRIKE-OUT – all five defendants are connected in complex arrangement – all five defendants should remain to determine real nature of relationship – application declined.

[2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health (Judgment of Chief Judge Christina Inglis, 8 December 2021) APPLICATION FOR SECTION 6 DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international obligations - applicant's work was undertaken in a dwellinghouse - applicant was a homeworker and therefore an employee of the Minister of Health - employee entitled to be paid for all hours work as assessed under Idea Services Ltd v Dickson test.

[2021] NZEmpC 215 Stewart v AFFCO NZ Ltd (Judgment of Judge B A Corkill, 7 December 2021) INJUNCTION – LOCKOUT – company required employee to sign new individual employment agreement or join union and go on collective employment agreement – employee not allowed to continue work – permanent employee – lockout unlawful – seasonal worker.

[2021] NZEmpC 213 Baylis v Chief Executive of the Porirua City Council (Judgment of Judge J C Holden, 1 December 2021) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGE – short delay in first attempt to file statement of claim – lack of fault by applicant – lack of prejudice – in interests of justice to allow applicant to bring challenge – application granted.

[2021] NZEmpC 211 McKinlay v Wellington Cosmetic Clinic Ltd (Costs Judgment of Judge B A Corkill, 29 November 2021) COSTS – legal aid – costs awarded.