Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 194 Enterprise Motor Group (New Lynn) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge K G Smith, 26 October 2022) MINIMUM STANDARDS – minimum wage compliance when employees are paid by commission – case distinguishable from impermissible averaging cases – employees payments complied with minimum wage – improvement notices are limited by wage and time record obligations – improvement notice varied.

[2022] NZEmpC 193 Bowen v Bank of New Zealand (Interlocutory Judgment (No 2) of Judge J C Holden, 25 October 2022) APPLICATION FOR LEAVE TO ADDUCE FURTHER EVIDENCE – further evidence allowed in the interests of justice.

[2022] NZEmpC 191 McDermott v Employment Relations Authority (Costs Judgment of Judge K G Smith, 25 October 2022) COSTS – GUIDELINE SCALE – statements about financial circumstances were not supported by evidence – costs awarded.

[2022] NZEmpC 189 Carver v Metallic Sweeping (1998) Ltd (Judgment of Judge K G Smith, 21 October 2022) APPLICATION TO STRIKE OUT – statement of claim does not comply with regulations and fails to adequately inform defendant – statement of claims struck out.

[2022] NZEmpC 187 Singh v Johnstone (Consent Judgment of Judge K G Smith, 21 October 2022) CONSENT.

[2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd (Judgment of Judge B A Corkill, 17 October 2022) APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS – proceedings involve similar or related issues to proceedings already before the Court – important legal issue will arise other than incidentally – no compelling reason to decline leave – application granted.

[2022] NZEmpC 183 Butt v Attorney-General (Judgment of Judge Kathryn Beck, 12 October 2022) SETTLEMENT AGREEMENT – MISREPRESENTATION – CANCELLATION – plaintiff sought to cancel settlement agreement for misrepresentation – defendant made misrepresentation to plaintiff – plaintiff relied on misrepresentation – plaintiff induced by representation to sign agreement – parties did not explicitly or implicitly agree that the truth of the representation was essential – misrepresentation substantially reduced the benefit of the contract to the plaintiff – plaintiff entitled to cancel contract – plaintiff entitled to proceed with claim.

[2022] NZEmpC 181 NZEC Management Ltd v McKnight (Consent Judgment of Judge Judge Kathryn Beck, 3 October 2022) CONSENT.

[2022] NZEmpC 179 Sky Stone Consulting Ltd v Xu (Interlocutory Judgment of Chief Judge Christina Inglis, 27 September 2022) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – applicant is in strained financial circumstances – interests of justice weigh in favour of granting security for costs – proceedings stayed until security for costs is paid.

[2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector of Ministry of Business, Innovation and Employment (Judgment of Judge J C Holden, 23 September 2022) MINIMUM STANDARDS – employee is owed minimum wages and holiday pay – company director was person involved in minimum wage and holiday pay breaches – company director is liable if company fails to pay amounts owing – PENALTIES – Preet and statutory factors considered – $19,200 in penalties awarded against company - $9,600 in penalties awarded against director.

[2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne (Judgment of Chief Judge Christina Inglis, 22 September 2022) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CROSS-CHALLENGE – delay was lengthy – interests of justice point against allowing leave – application declined.

[2022] NZEmpC 173 Zhang v Panda Restaurant Ltd (Interlocutory Judgment of Judge K G Smith, 21 September 2022) APPOINTMENT FOR SUBSTITUTED SERVICE – respondent is evading service using traditional means – using email as an alternative is appropriate – application granted.