Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 98 Head v Chief Executive of the Inland Revenue Department (Judgment of the Full Court, 5 July 2021) APPLICATION FOR STAY – whether costs should be determined while case is on appeal – convenient to decide costs close to substantive hearing – deciding costs now would allow Court of Appeal to consider all matters together – application declined.

[2021] NZEmpC 96 Extenday New Zealand Ltd v Mickleson (Judgment of Judge J C Holden, 30 June 2021) APPLICATION FOR SEARCH ORDER – prima facie case that respondents are in breach of obligations – application granted.

[2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier (Judgment of Judge B A Corkill, 30 June 2021) PERSONAL GRIEVANCE – DRUG TESTING – employee was asked and refused to undergo drug testing – health and safety does not overrule obligation to act fairly as employer – request to undergo drug testing did not comply with the company’s drug policy – unjustifiable disadvantage established – UNJUSTIFIABLE DISMISSAL – employee believed he had been dismissed – company failed to clarify employee was not dismissed – employee did not abandon employment – employer’s actions amounted to unjustifiable dismissal – compensation and lost wages awarded – modest reductions made for contribution.

[2021] NZEmpC 93 Gestro v Relph (Judgment of Judge B A Corkill, 28 June 2021) DECLARATION – Section 6(5) Employment Relations Act 2000 – identity of employer – plaintiff employed by defendant personally – declaration accordingly.

[2021] NZEmpC 91 A1 Communication Ltd v A Labour Inspector of Ministry of Business, Innovation and Employment (Judgment of Judge J C Holden, 23 June 2021) PENALTY - WAGE AND TIME RECORDS – company failed to provide wage and time records “forthwith” – records had missing information – company director did not intentionally contribute to the breach – director was not a person involved in the breach – penalty awarded against company.

[2021] NZEmpC 87 New Zealand Post Primary Teachers’ Assoc Inc v Secretary for Education (Judgment of the Full Court, 22 June 2021) PAY EQUITY – provision of non-contact time differs between part-time teachers and full-time teachers – whether this amounts to sex discrimination – no clear connection established between non-contact time and remuneration – both full-time teachers and part-time teachers are mostly female – full-time teachers were formerly mostly male but no clear evidence that historic trappings of male domination have been retained – indirect discrimination claims are available under the Equal Pay Act – indirect discrimination not established – claims dismissed.

[2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd (Judgment of Judge J C Holden, 21 June 2021) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – whether bullying claim was raised within time – grievance was ongoing – statement of problem was filed within time to raise grievance – enough steps were taken prior to filing statement of problem to amount to raising the grievance when viewed in combination – unjustifiable disadvantage claim may proceed.

[2021] NZEmpC 85 Wilson v Manukau Institute of Technology (Interlocutory Judgment of Judge B A Corkill, 11 June 2021) CHALLENGE TO OBJECTION TO DISCLOSURE – relevance of documents – proportionality in cost of searching for documents – challenge allowed in part.

[2021] NZEmpC 83 Humphrey v Canterbury District Health Board, Te Poari Hauora O Waitaha (Interlocutory Judgment (No 2) of Judge K G Smith, 8 June 2021) APPLICATION FOR IN-COURT MEDIA COVERAGE – application granted with conditions.

[2021] NZEmpC 81 Thermo Fisher Scientific New Zealand v Dimoline (Interlocutory Judgment of Judge J C Holden, 2 June 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO-VISUAL LINK – application not opposed – travel issues – application granted.

[2021] NZEmpC 79 McKay v Wanaka Pharmacy Ltd (Judgment of Judge Kathryn Beck, 27 May 2021) BREACH OF COMPLIANCE ORDER – APPLICATION FOR FINE – Authority determination was challenged but no application for stay was filed – Authority has granted compliance order – no payment has been made – application for stay now filed – small fine is warranted - $8,000 fine awarded – fine to be paid to applicant.

[2021] NZEmpC 77 Fleming v Attorney-General (Judgment of Chief Judge Christina Inglis, 26 May 2021) APPLICATION FOR SECTION 6 DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international obligations - applicant's work was undertaken in a dwellinghouse - applicant was a homeworker and therefore an employee of the Minister of Health - part 4A of the New Zealand Public Health and Disability Act 2000 precluded wages while in force - unpaid wages owed starting with repeal of part 4A - penalties not appropriate.