Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 185 S v N (Interlocutory Judgment of Judge K G Smith, 28 October 2021) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A NOTICE OF OPPOSITION – application granted by consent.

[2021] NZEmpC 183 Stenhouse v Towman Towing Group Ltd (Judgment of Judge K G Smith, 26 October 2021) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – company did not produce evidence to justify dismissal – compensation awarded – UNJUSTIFIABLE DISADVANTAGE – company fairly investigated bullying complaint – preventing employee from conducting work was an unjustifiable disadvantage – compensation awarded.

[2021] NZEmpC 182 Ututaonga v North Western Farms Ltd (Costs Judgment of Judge J C Holden, 21 October 2021) COSTS – GUIDELINE SCALE – costs increased for irrelevant and inadmissible material.

[2021] NZEmpC 179 Yakka Contracting Ltd v Naicker (Consent Judgment of Judge Kathryn Beck, 18 October 2021) FREEZING ORDER - CONSENT.

[2021] NZEmpC 177 Allison v Ceres New Zealand LLC (Judge of Judge K G Smith, 18 October 2021) UNJUSTIFIABLE DISMISSAL – REDUNDANCY – decision to dismiss was for a proper business reason and not a sham – company followed a fair process – UNJUSTIFIABLE DISADVANTAGE – employee was not disadvantaged by the company changing the locks – suspension was justifiable – company did not breach good faith – challenge dismissed.

[2021] NZEmpC 176 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment (No 2) of Judge J C Holden, 13 October 2021) DISCHARGE OF FREEZING ORDER - consent.

[2021] NZEmpC 173 Fechney v Employment Relations Authority (Oral Judgment of Judge J C Holden, 12 October 2021) DISCHARGE OF NON-PUBLICATION ORDER - consent.

[2021] NZEmpC 171 Hope v Attorney-General (Interlocutory Judgment of Chief Judge Christina Inglis, 8 October 2021) APPLICATION IN RELATION TO APPOINTMENT OF LITIGATION GUARDIAN – litigation guardian is appropriate if not necessary – suggested litigation guardian is not suitable – independent lawyer to be appointed.

[2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton (Judgment of Judge K G Smith, 5 October 2021) BREACH OF CONTRACT – employees were in competition with employer – employees did not have permission from employer – being in competition was breach of employment agreement and duty of fidelity – damages awarded – PENALTIES – companies created by employees did not have requisite knowledge – company is already fully recompensed – no penalties against employees.

[2021] NZEmpC 167 UXK v Talent Propeller Ltd (Judgment of Judge B A Corkill, 5 October 2021) CHALLENGE TO AUTHORITY MINUTE – DISCLOSURE – Authority ordered disclosure of judgment that was subject to District Court suppression order – Authority minute was a determination that could be challenged – Authority should have inspected the document itself to decide on relevance – Authority could not pull unredacted document from other proceedings on its own.

[2021] NZEmpC 165 Bowen v Bank of New Zealand (Costs Judgment of Judge Kathryn Beck, 1 October 2021) COSTS – GUIDELINE SCALE – costs awarded.

[2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation (Costs Judgment of Judge B A Corkill, 28 September 2021) APPLICATION FOR COSTS – not a “test case” of such novelty or wide public interest that costs should lie where they fall– category 3B awarded with a reduction taking into account potential broader implications for others – disbursements for travel and accommodation awarded – application granted.

[2021] NZEmpC 161 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment of Judge J C Holden, 24 September 2021) APPLICATION FOR FREEZING AND ANCILIARY ORDERS – Labour Inspector has good arguable case – respondents have assets to be sold – making the application without notice and with urgency was appropriate – application granted.