Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 135 Wills v Farmlands Co-Operative Society Ltd (Interlocutory Judgment of Judge K G Smith, 31 August 2020) APPLICATION FOR DISCOVERY AGAINST A NON-PARTY – evidence sought is not relevant – application dismissed.

[2020] NZEmpC 133 Gate Gourmet New Zealand Ltd v Sandhu (Interlocutory Judgment of Chief Judge C Inglis, 26 August 2020) APPLICATION FOR LEAVE TO APPEAR AS INTERVENERS – issues are important to the wider community - consent.

[2020] NZEmpC 131 Surplus Brokers Ltd v Armstrong (Judgment of Chief Judge C Inglis, 24 August 2020) UNJUSTIFIABLE DISMISSAL – CASUAL EMPLOYMENT – non-de novo challenge to Authority finding that employee was dismissed during period of casual employment – employee was dismissed during period of casual employment – challenge dismissed.

[2020] NZEmpC 129 ANZ Sky Tours Ltd T/A ANZ Sky Tours v Wei (Oral Judgment of Judge M E Perkins, 20 August 2020) APPLICATION FOR DECLARATION OF CONTEMPT OF COURT – employee covered up evidence that was to be disclosed – fine not appropriate due to mitigating circumstances.

[2020] NZEmpC 127 123 Casino Ltd T/A 123 Palm Bar & Restaurant & Function Centre v Zuo (Costs Judgment of Judge K G Smith, 19 August 2020) COSTS – GUIDELINE SCALE – change to applicable daily rate accounted for – no adjustment made for representative by advocate instead of lawyer – indemnity not appropriate – GST uplift made – settlement offer accounted for.

[2020] NZEmpC 125 Smith v Fletcher Concrete & Infrastructure Ltd (Judgment of Judge J C Holden, 18 August 2020) INTERIM REINSTATEMENT – challenge to Authority’s preliminary decision to decline interim reinstatement – employee was dismissed for breaching safety standards –employee made an arguable case for interim reinstatement – financial harm from lack of employment alleviated by mortgage holiday – employer concerned about further safety breaches – other employees would resign if employee is reinstated – balance of convenience points against interim reinstatement.

[2020] NZEmpC 123 Langford v Chief Executive of Inland Revenue Department (Judgment of Judge B A Corkill, 14 August 2020) APPLICATION FOR JOINDER - consent.

[2020] NZEmpC 122 HST v KAG (Judgment of Judge K G Smith, 10 August 2020) APPLICATION FOR EXTENSION OF TIME TO FILE A CHALLENGE – employer challenged decision, prompting employee to also want to challenge – employer received extension of time to challenge costs – inconsistent with equity and good conscience to deny application.

[2020] NZEmpC 119 BR & SL Porter Ltd v Higgs (Costs Judgment of Chief Judge C Inglis, 10 August 2020) COSTS – application was straightforward - $1,750 awarded.

[2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd (Judgment of Judge K G Smith, 5 August 2020) APPLICATION FOR ACCESS TO COURT DOCUMENTS – access opposed by Fletcher Construction – request goes beyond documents in the formal court record – private information about individuals – access granted only to formal Court record.

[2020] NZEmpC 115 Kohli v Brahmbhatt (Judgment of Judge J C Holden, 4 August 2020) APPLICATION TO STRIKE OUT PROCEEDINGS – security for costs were ordered but not paid – delay is relatively short so far – final opportunity granted for security to be paid.

[2020] NZEmpC 113 Chamberlain t/a Feaver Florist v Bruning (Consent Judgment of Judge M E Perkins, 31 July 2020) COMPLIANCE ORDER – CONSENT.

[2020] NZEmpC 110 Cowan v Kidd (Judgment of Judge J C Holden, 28 July 2020) NATURE OF EMPLOYMENT – WAGE ARREARS – parties were friends but the true nature of the relationship was casual employment – employee received no wages during employment - difficulties in calculating hours worked over many years – appropriate rate of pay was minimum wage without agreement to the contrary – employee was not unjustifiably dismissed because he was employed on a casual basis - $20,000 awarded in penalties.