Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd (Judgment of Judge B A Corkill, 9 August 2021) CHALLENGE – non-publication – inadvertent error occurred in the Authority as to whether non-publication was sought – circumstances did not require non-publication orders – challenge successful.

[2021] NZEmpC 121 Shah Enterprise NZ Ltd v A Labour Inspector of the Ministry of Business Innovation and Employment (Interlocutory Judgment (No 2) of Judge C J Holden, 6 August 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO VISUAL LINK – travel issues – application granted in part – APPLICATION FOR TRANSFER OF PROCEEDINGS – applicant counsel’s need to travel from Auckland not a sufficient basis for transfer in the circumstances – application denied.

[2021] NZEmpC 122 UXK v Talent Propeller Ltd (Interlocutory Judgment of Judge C J Holden, 6 August 2021) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – Court is likely to be assisted by Attorney-General (in respect of the Ministry of Business, Innovation and Employment) – application granted.

[2021] NZEmpC 119 Bowen v Bank of New Zealand (Costs Judgment of Judge J C Holden, 3 August 2021) COSTS – GUIDELINE SCALE – financial hardship less important because attempting to have matter removed was not necessary – costs awarded.

[2021] NZEmpC 118 A v Ms B (Judgment of Judge B A Corkill, 2 August 2021) APPLICATION FOR FREEZING ORDER AND ANCILLARY ORDER WITHOUT NOTICE – URGENCY – company funds were allegedly misappropriated by employee – sufficient basis for arguable case established – statement of problem not having been filed because to do so would be premature – application granted.

[2021] NZEmpC 115 Concrete Structures (NZ) Ltd v Rottier (Costs Judgment of Judge B A Corkill, 27 July 2021) COSTS – legally aided – costs ordered by consent.

[2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay (Judgment of Judge Kathryn Beck, 21 July 2021) HOLIDAY PAY – calculation of holiday pay owed – employee continued remote working duties during holidays taken – remote working duties were not required by employer – answering phone calls and emails was effectively required by employer – holiday taken reduced by time spent responding to phone calls and emails – delay does not impact holiday pay claim – holiday pay awarded with interest.

[2021] NZEmpC 110 Reid v Ngati Rangi Trust (Costs Judgment (No 2) of Judge J C Holden, 19 July 2021) COSTS – COSTS IN THE AUTHORITY - Calderbank offer was made prior to Authority investigation – costs in the Authority should remain modest – employer agreed to receive small weekly sum – no uplift granted.

[2021] NZEmpC 108 Vulcan Steel Ltd v Manufacturing & Construction Workers Union (Interlocutory Judgment of Judge Corkill, 9 July 2021) APPLICATION FOR WITNESSES TO APPEAR BY AUDIO VISUAL LINK – APPLICATION FOR NOTIFICATION OF INTERVENERS – method of drug and alcohol testing – applications granted.

[2021] NZEmpC 106 Morgan v Tranzit Coachlines Wairarapa Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 8 July 2021) APPLICATION FOR A COMPLIANCE ORDER AND PENALTIES – anniversary date for annual leave set by the Court – penalty for breach of a Court order cannot be awarded until there is a breach of a compliance order – compliance order is not necessary in the circumstances – penalty for breach of good faith not awarded because the breach was not sustained – declaration of breach of good faith made against the company for not being responsive and communicative – interest awarded on previous judgment awards.

[2021] NZEmpC 104 Oliver v Biggs (Costs Judgment of Judge B A Corkill, 8 July 2021) COSTS – DISCONTINUANCE – costs should be awarded because of lengths plaintiff had to go prior to discontinuance – guideline scale costs awarded with reduction.

[2021] NZEmpC 102 Crossen v Yangs House Ltd (Judgment of Judge K G Smith, 7 July 2021) SETTLEMENT AGREEMENT – FINALITY – whether settlement agreement covered minimum employment standards – settlement agreement wording was clearly to cover all issues between parties – s 149 settlement agreements can cover minimum standards if they are disputed - breaches of minimum standards were disputed in this case – settlement agreement resolved all issues between parties – IDENTITY OF EMPLOYER – no evidence that employee was employed by company owner in a personal capacity – PENALTY FOR FAILURE TO PROVIDE WAGE AND TIME RECORDS – Authority had discretion not to award a penalty – discretion was exercised appropriately – CHALLENGE TO AUTHORITY COSTS AWARD – evidence not provided – all challenges dismissed.