Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd (Costs Judgment of Judge M E Perkins, 16 June 2020) COSTS – successful party was self-represented barrister and solicitor – Calderbank offer valid – no evidence to allow for increased costs – Labour Inspector has a strong obligation to pursue claim – no increase in costs – costs guideline scale applied.

[2020] NZEmpC 83 Hurst v Hodgson (Judgment of Judge J C Holden, 11 June 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – determination already being challenged by related party – delay was impacted by COVID-19 – no objection from other parties – application granted.

[2020] NZEmpC 81 AlKazaz v Asparona Ltd (Interlocutory Judgment (No 3) of Judge M E Perkins, 11 June 2020) APPLICATION FOR FURTHER DISCLOSURE – claim relates to penalties – some further evidence to be disclosed.

[2020] NZEmpC 77 Kaukau t/a Sew & Sew v Hiri-Gualeni (Judgment of Judge J C Holden, 4 June 2020) GOOD FAITH REPORT – employer did not participate in Authority investigation process – challenge limited to issue of employment status only.

[2020] NZEmpC 78 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 3 June 2020) APPLICATION TO PARTICIPATE AT A HEARING BY AUDIO-VISUAL LINK – plaintiff lives in Dubai – difficulties with international travel due to pandemic – application granted.

[2020] NZEmpC 76 BR & SL Porter Ltd v Higgs (Interlocutory Judgment of Chief Judge C Inglis, 28 May 2020) APPLICATION FOR STAY – no evidence of employee’s financial position – application declined.

[2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education (Interlocutory Judgment of the full Court, 27 May 2020) OBJECTION TO CLOSING SUBMISSIONS – whether plaintiffs unfairly raised new legal framework to reverse burden of proof – closing submissions were consistent with pleadings and opening submissions – further evidence allowed in the interests of justice.

[2020] NZEmpC 66 A Labour Inspector v Fernando (Judgment of Judge K G Smith, 22 May 2020) PENALTIES – INTEREST – directors were directly or indirectly concerned in company’s breaches – company was liquidated – whether directors owed interest on wage and holiday pay arrears – cause of action was complete when the company defaulted in wages and holiday pay, prior to company’s liquidation – directors are liable for interest payments accruing from that date.

[2020] NZEmpC 70 A Labour Inspector v Matangi Berry Farm Ltd (Costs Judgment of Judge B A Corkill, 21 May 2020) COSTS – CONSENT.

[2020] NZEmpC 67 Maddigan v Director-General of Conservation (Judgment of Chief Judge C Inglis, 19 May 2020) COSTS – employee was self-represented and not a lawyer – costs cannot be awarded – APPLICATION FOR FURTHER SUBSTANTIVE REMEDIES – substantive orders cannot be sought after case is closed – parties referred to mediation.

[2020] NZEmpC 64 Max Pennington Motors Ltd v A Labour Inspector, Ministry of Business, Innovation and Employment (Judgment of Judge M E Perkins, 15 May 2020) HOLIDAY PAY – whether commission should be included in public holiday pay – whether average daily pay should be used instead of relevant daily pay – average daily pay would result in a windfall for salespersons – relevant daily pay possible and practicable to calculate – company was permitted to use relevant daily pay.

[2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment (Judgment of Judge B A Corkill, 11 May 2020) UNJUSTIFIED DISADVANTAGE - TERMS AND CONDITIONS OF EMPLOYMENT – employee had special arrangement not to work on line related to providing assistance with tenancy bonds – whether Ministry could change arrangement – arrangement became part of employment agreement – no evidence of agreement being altered – Ministry’s procedure was flawed – employee was unjustifiably disadvantaged - $2,000 awarded for compensation.

[2020] NZEmpC 61 Leota v Parcel Express Ltd (Judgment of Chief Judge C Inglis, 7 May 2020) NATURE OF EMPLOYMENT – SECTION 6 – real nature of the relationship between a courier driver and a courier company – worker spoke English as a second language – high degree of control – industry practice relevant but not determinative – no ability for worker to grow his own business – worker owned a van but using company finances and specifications – factors point toward a relationship of employment.