Judgments of note 2024
Employment Court - Judgments of note 2024
[2024] NZEmpC 179 FDE v UWV [PDF, 574 KB](Judgment of Chief Judge Christina Inglis, 19 September 2024) APPLICATION FOR NON-PUBLICATION ORDER – Spiga factors applied – application granted
[2024] NZEmpC 147 MW v Spiga Ltd [PDF, 740 KB] (Judgment of the Full Court, 8 August 2024) NON-PUBLICATION – SCHEDULE 2 CLAUSE 10 AND SCHEDULE 3 CLAUSE 12 OF THE EMPLOYMENT RELATIONS ACT 2000 – breach of a settlement agreement signed under s 149 – Employment Relations Authority declined non-publication of plaintiff’s name – MAJORITY JUDMENT – open justice is fundamental – may be departed from only to extent necessary to serve interests of justice – evidential standard of specific adverse consequences reasonably expected to occur – non-exhaustive list of factors that may be relevant including tikanga and equity and good conscience – CONCURRING JUDGMENT – broad statutory discretion – no presumption against non-publication – evidence is not necessary – open justice is relevant but is not the starting point – access to justice, tikanga and other values are also relevant – ORDERS – challenge succeeds and permanent non-publication ordered.
[2024] NZEmpC 123 Wiles v University of Auckland [PDF, 536 KB] (Judgment of Judge J Holden, 8 July 2024) DISADVANTAGE – BREACH OF CONTRACT – GOOD FAITH – HEALTH AND SAFETY – ACADEMIC FREEDOM – TREATY OF WAITANGI – employee experienced harassment as a result of her work for University – University breached health and safety obligations by failing to provide adequate protection and support – University should have moved more quickly – employee was disadvantaged by University’s failures – University did not act in good faith and engaged in a way that was combative rather than supportive – University did not impede academic freedom of employee – individual staff members do not have treaty obligations – even if they do have treaty obligations, the employee was not prevented from complying with any such obligations – general damages/compensation of $20,000 ordered – no penalties ordered – no recommendations made
[2024] NZEmpC 104 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [PDF, 304 KB](Judgment of Judge K G Smith, 13 June 2024) APPLICATION FOR STRIKE OUT – legality of strike notice is moot because strike already occurred – no reason to exercise discretion to consider application despite mootness – proceedings struck out - APPLICATION FOR JOINDER – no joinder required because proceedings are struck out.
[2024] NZEmpC 101 Auckland One Rail Ltd v Rail and Maritime Transport Union [PDF, 286 KB] (Interlocutory Judgment of Judge K G Smith, 12 June 2024) APPLICATION FOR INTERIM INJUNCTION – strike notice given – arguable but weak claim that strike notice was not valid – balance of convenience points against interim injunction – application dismissed