Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 123 CSN v Royal District Nursing Service New Zealand Ltd (Judgment of Judge B A Corkill, 11 July 2022) DECLARATION – ss 5 and 6 Employment Relations Act 2000 – COVID-19 Public Health Response (Vaccinations) Order 2021 – CSN was not a care and support worker under the Vaccinations Order – CSN remained employee for relevant period – CSN also a homeworker – declaration accordingly – NON-PUBLICATION – permanent non-publication of name and identifying details of plaintiff, brother and son.

[2022] NZEmpC 121 Matajod v Crazy Horse Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 8 July 2022) APPLICATION TO EXTEND TIME FOR FILING A NOTICE OF OPPOSITION – it would be inconsistent with interests of justice not to hear from defendant – application granted.

[2022] NZEmpC 119 H v Employment Relations Authority (Interlocutory Judgment (No 2) of Judge K G Smith, 5 July 2022) COSTS – GUIDELINE SCALE – uplift appropriate because of steps taken by H – costs awarded.

[2022] NZEmpC 117 QDY v Counties Manukau District Health Board (Judgment of Judge J C Holden, 4 July 2022) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS – important question of law is likely to arise – vaccination cases are of public interest -  no reason not to remove proceedings – application granted – non-publication order made.

[2022] NZEmpC 115 Kowhai Intermediate School Board of Trustees (Interlocutory Judgment of Judge B A Corkill, 28 June 2022) APPLICATION FOR STAY OF EXECUTION - challenge will face difficulties - respondent may have difficulty paying back remedies - stay ordered with conditions.

[2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board (Costs Judgment of Judge K G Smith, 28 June 2022) COSTS – GUIDELINE SCALE – respondent has limited means – uplift warranted for amended pleadings requiring further attendances – costs awarded with uplift.

[2022] NZEmpC 111 Humphreys v Humphreys (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 23 June 2022) APPLICATION TO ACCESS COURT DOCUMENTS - formal court record is accessible to the public - access to other documents will not assist for applicant's purposes - substantive hearing is not in progress - application declined.

[2022] NZEmpC 109 Wilson-Grange Investments T/A The Grange Bar and Restaurant (Interlocutory Judgment of Chief Judge Christina Inglis, 23 June 2022) APPLICATION FOR STAY - no evidence of challenge being rendered ineffectual - balance of convenience does not favour granting stay - application declined. 

[2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc (Judgment of Judge K G Smith, 21 June 2022) APPLICATION FOR SPECIAL LEAVE TO REMOVE MATTER TO THE COURT - several questions of law - questions are important both to the parties and to the wider workforce - no reason to decline removal - application granted.

[2022] NZEmpC 105 Mende Biotech Ltd v Mende (Consent Interlocutory Judgment of Judge K G Smith, 20 June 2022) APPLICATION FOR STAY - consent.

[2022] NZEmpC 103 Pilgrim v Attorney-General (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 16 June 2022) APPLICATION TO ACCESS COURT DOCUMENTS – application comes before the hearing – privacy and confidentiality interests considered – application declined.

[2022] NZEmpC 101 UXK v Talent Propeller Ltd (Judgment of Judge B A Corkill, 13 June 2022) CHALLENGE – Employment Relations Act 2000, s 179(5) – witness summons – summons required production of medical information – public interest in preventing harm to doctor/patient relationship – witness summons set aside – NON-PUBLICATION – permanent non-publication order of health information before the Court granted – in present circumstances permanent non-publication order of name and identifying not appropriate – interim non-publication of name and identifying details granted. 

[2022] NZEmpC 99 Kingipotiki v Taplin (Interlocutory Judgment of Judge K G Smith, 7 June 2022) APPLICATION FOR CONTINUATION OF FREEZING ORDER - consent.