Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 185 Career Matrix NZ Ltd v Sharifi (Consent Judgment of Judge M E Perkins, 9 November 2020) CONSENT.

[2020] NZEmpC 183 E Tū Inc v Mount Cook Airline Ltd (Interlocutory Judgment of Judge K G Smith, 6 November 2020) APPLICATION TO ADJOURN A HEARING – application made jointly by both parties – parties are faced with unusual circumstances beyond their control – application granted.

[2020] NZEmpC 182 FVB v XEY (Judgment of Judge J C Holden, 5 November 2020) NON-PUBLICATION ORDER – whether to suppress name of plaintiff and defendant or only plaintiff – identifying the defendant would make it easy to identify the plaintiff – interim non-publication on both parties’ names granted.

[2020] NZEmpC 180 Emmerson v Northland District Health Board (Judgment of Judge B A Corkill, 5 November 2020) PERMANENT NON-PUBLICATION ORDER – treatment for patients may be compromised by identification of witness doctors’ names – permanent non-publication orders made in other tribunals, which would be defeated if order was not granted – permanent non-publication granted.

[2020] NZEmpC 177 MacKenzie v Huntington’s Disease Association (Auckland) Inc  (Judgment of Judge M E Perkins, 3 November 2020) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – employee refused to return to work until alleged grievances were dealt with – employer was entitled to view this as abandonment – employee was not constructively dismissed – UNJUSTIFIED DISADVANTAGE – insufficient evidence to establish disadvantage.

[2020] NZEmpC 175 O’Boyle v McCue (Judgment of Judge B A Corkill, 29 October 2020) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – UNPAID ENTITLEMENTS –employer remained O’Boyle in personal capacity even after incorporation – unpaid holiday and public holiday pay quantified - employee was constructively dismissed – disadvantage for failure to provide written employment agreement – disadvantage for failing to record holiday and leave – disadvantage for warning – compensation and lost wages awarded.

[2020] NZEmpC 173 New Zealand Technology Group Hawkes Bay Ltd v Flashoff (Judgment (No 3) of Judge B A Corkill, 28 October 2020) EXTENSION OF FREEZING ORDER - consent.

[2020] NZEmpC 171 Alkazaz v Enterprise IT Ltd (Judgment of Chief Judge C Inglis, 22 October 2020) APPLICATION FOR REOPENING AUTHORITY INVESTIGATION – no evidence that witnesses for the company submitted false evidence – witnesses could have been cross-examined in the Authority investigation – no fresh evidence that could not have been adduced in the Authority investigation, nor made a material difference to the outcome – application declined.

[2020] NZEmpC 169 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 14 October 2020) APPLICATION FOR FURTHER ORDERS – ANNUAL LEAVE – employee was found to be permanent employee in substantive judgment – employee never worked 12 months continuously – unpaid leave pushes leave anniversary back but annual leave must still be provided - PUBLIC HOLIDAYS – annual leave cannot be scheduled during public holidays – public holidays would not have been days otherwise worked – no entitlement to claimed paid public holidays.

[2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd (Judgment of Judge B A Corkill, 14 October 2020) COSTS – COSTS IN THE AUTHORITY – plaintiff seeking and discontinuing claim for pecuniary penalties was an aggravating factor – costs higher than usual daily tariff – COSTS IN THE COURT – guideline scale applied – appropriate guideline scale category was 3, not 2 – Band B was the appropriate band, not C – Calderbank offer considered to increase costs – COSTS ON INTERLOCUTORY APPLICATION AFTER CHALLENGE RESOLVED – costs awarded.

[2020] NZEmpC 165 Culturesafe NZ Ltd v Turuki Healthcare Services Charitable Trust (Judgment of Judge J C Holden, 14 October 2020) PENALTIES – AUTHORITY JURISDICTION – QUANTUM – Authority had jurisdiction to award penalties for breach of record of settlement, including by non-parties – compliance orders were appropriate - Authority did not have jurisdiction to award general damages – penalties are payable but not on a joint and several basis – penalties reduced.

[2020] NZEmpC 163 Westgate & Williams Ltd v Morrison (Consent Judgment of Judge K G Smith, 13 October 2020) CONSENT – parties have reached settlement.

[2020] NZEmpC 161 Anderson v Righteous Law Ltd (Interlocutory Judgment of Chief Judge C Inglis, 12 October 2020) APPLICATION TO ADJOURN A HEARING - granted.