Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 207 Martin v Solar Bright Ltd (in liquidation) (Judgment of Judge K G Smith, 26 November 2021) APPLICATION FOR REHEARING – no grounds for rehearing – application declined.

[2021] NZEmpC 209 Guan v JAY.CO Ltd (Costs Judgment of Judge B A Corkill, 25 November 2021) APPLICATION FOR COSTS – actual costs lower than guideline scale – contribution to reasonable costs awarded.

[2021] NZEmpC 206 E Tu Inc v Carter Holt Harvey LVL Ltd (Interlocutory Judgment of Judge B A Corkill, 23 November 2021) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – proceedings raised issue of considerable public importance – parties do not object – application granted.

[2021] NZEmpC 204 Ling v Super Cuisine Group Ltd (Judgment of Judge Kathryn Beck, 23 November 2021) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – application was out of time because of error by representative – no prejudice to respondent – application granted.

[2021] NZEmpC 202 Orora Packaging Ltd v E Tu Inc (Interlocutory Judgment of Judge Kathryn Beck, 19 November 2021) APPLICATION TO EXCLUDE EVIDENCE – parts of evidence that are irrelevant or opinion removed.

[2021] NZEmpC 201 Cronin-Lampe v Board of Trustees of Melville High School (Judgment of Judge B A Corkill, 18 November 2021) JURISDICTION – ACCIDENT COMPENSATION – whether personal grievances can be brought after failed application to ACC – other claims can be brought if ACC cover is declined and that decision is accepted by applicant – Employment Court has jurisdiction to consider personal grievances.

[2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department (Costs Judgment of the full Court, 17 November 2021) COSTS – applications for costs by first and second defendants – first defendant sought two-thirds of actual and reasonable costs – second defendant sought guideline scale – HELD – complex proceeding – several interlocutory judgments – guideline scale did not recognise sufficiently the significant attendances – degree of importance associated with the proceeding but not a test case – two-thirds of actual and reasonable costs awarded to first defendant with deductions to recognise access to justice, matter of importance, overlap – scale costs awarded to second defendant with deduction to recognise overlap – applications granted.

[2021] NZEmpC 196 KAQ v The Attorney-General (Judgment of Chief Judge Christina Inglis, 12 November 2021) APPLICATION FOR ACCESS TO COURT DOCUMENTS – material contains personal and sensitive information – plaintiff was a minor – proceedings were discontinued so claims are untested – limited access granted.

[2021] NZEmpC 194 Henry v South Waikato Achievement Trust (Judgment of Judge K G Smith, 8 November 2021) APPLICATION FOR STAY OF EXECUTION OF COSTS DETERMINATION – challenge filed to both substantive and costs determination – application granted, by consent.

[2021] NZEmpC 192 AB Roofing Ltd v Lane (Judgment of Judge B A Corkill, 4 November 2021) APPLICATION TO STRIKE OUT CHALLENGE FOR WANT OF PROSECUTION – significant non-compliance with Court’s directions – no constructive attempt to prosecute claim – application granted.

[2021] NZEmpC 190 Best Health Foods Ltd v Berea (Judgment of Judge B A Corkill, 3 November 2021) COSTS – Appropriate to award two-thirds of actual and reasonable costs – costs awarded.

[2021] NZEmpC 188 Kowhai Intermediate School Board of Trustees v West (Interlocutory Judgment of Judge K G Smith, 2 November 2021) APPLICATION FOR URGENCY – undertaking given – undertaking removed need to further consider application for urgency – application dismissed.

[2021] NZEmpC 186 Restaurant Brands Ltd v Gill (Judgment of Judge B A Corkill, 2 November 2021) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – employer breached good faith by failing to communicate and help resolve visa issues – failure does not amount to unjustifiable disadvantage but the dismissal was unjustifiable – compensation and lost wages awarded.