Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force (Judgment of the full Court, 24 March 2021) JURISDICTION – place of employment was Washington DC – agreement provided for US law to apply but imported concepts from New Zealand employment law – employee was not part of the Civil Staff  under the Defence Act – US law applies to agreement but with consideration of Employment Relations Act 2000 – Authority has jurisdiction to hear the case – New Zealand is the appropriate forum for the dispute.

[2021] NZEmpC 33 Saipe v Bethell (Judgment of Judge J C Holden, 22 March 2021) PERSONAL GRIEVANCE – LIMITATION PERIOD – personal grievance was raised within 90 days – statement of problem was not filed in the Authority within three years – personal grievance cannot be pursued – personal grievance claim for unjustifiable dismissal would have otherwise succeeded – no basis for wage arrears claim.

[2021] NZEmpC 31 A Labour Inspector of the ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Cambridge Indian Restaurant (Judgment of Judge J C Holden, 18 March 2021) CHALLENGE TO OBJECTION TO DISCLOSURE – further documents sought from Labour Inspector – all relevant documents were provided.

[2021] NZEmpC 29 Gestro v Relph (Interlocutory Judgment of Judge B A Corkill, 17 March 2021) ADMISSIBILITY OF EVIDENCE – whether emails were privileged – some emails refer to settlement proposals and are privileged – emails may be defamatory but not sufficiently so to amount to serious impropriety.

[2021] NZEmpC 27 Allison v Ceres New Zealand LLC (Interlocutory Judgment of Judge K G Smith, 12 March 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO-VISUAL LINK – travel difficulties - application not opposed – application granted.

[2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton (Judgment of Judge K G Smith, 12 March 2021) APPLICATION FOR STAY – restraints of trade were assigned to related company – assignment was lawful because of close connection between companies – plaintiff did not disclose litigation funding – not an abuse of process – application dismissed -  APPLICATION FOR SECURITY FOR COSTS – deed of guarantee and indemnity provided.

[2021] NZEmpC 23 O’Boyle v McCue (Costs Judgment of Judge B A Corkill, 9 March 2021) COSTS – whether uplift is appropriate – Calderbank not taken into account because it was directed only to Authority investigation – issue of unpaid entitlements required significant attendances – costs increased by $4,000.

[2021] NZEmpC 21 Neil v New Zealand Nurses Organisation (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 8 March 2021) APPLICATION FOR STAY – Court proceedings are subject to judicial review – consent.

[2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc (Interlocutory Judgment of Judge J C Holden, 4 March 2021) APPLICATION TO STRIKE OUT PARTS OF STATEMENT OF CLAIM – whether application for special damages is appropriately detailed – method of calculation was specified – statement of claim complies with reg 11 – application dismissed.

[2021] NZEmpC 17 New Zealand Post Primary Teachers’ Association v Board of Trustees for Rodney College (Interlocutory Judgment (No 2) of Judge Kathryn Beck, 24 February 2021) APPLICATION FOR LEAVE TO FILE AMENDED PLEADINGS – URGENCY – parties should have opportunity to ensure real controversy goes to trial – application granted.

[2021] NZEmpC 15 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 7) of Chief Judge Christina Inglis, 19 February 2021) APPLICATION FOR ADJOURNMENT – time differences – personal issues – no prejudice to other party – application granted.

[2021] NZEmpC 13 Edwards v Recreational Services Ltd (Interlocutory Judgment of Judge K G Smith, 16 February 2021) APPLICATION FOR SECURITY FOR COSTS – grounds of challenge not strong – respondent has limited financial means – order granted.

[2021] NZEmpC 11 Coetzee v Oamaru Meats Ltd (Consent Judgment of Judge K G Smith, 12 February 2021) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE STATEMENT OF DEFENCE - consent.