[2023] NZEmpC 170 FGH v RST (Costs Judgment of Judge B A Corkill, 4 October 2023) COSTS – costs in respect of third cause of action lie where they fall – costs awarded for first and second causes of action – no reduction for an alleged “offer to settle” via arbitration and mediation – no access to justice issue under New Zealand Bill of Rights Act 1990 s 27 – conventional costs principles apply – reduction for hardship.
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[2023] NZEmpC 170 FGH v RST [PDF, 283 KB] -
[2023] NZEmpC 61 FGH v RST [PDF, 157 KB] [2023] NZEmpC 61 FGH v RST (Judgment of Judge B A Corkill, 20 April 2023) APPLICATION FOR STAY OF COSTS ISSUES – application made for leave to appeal – costs stayed until Court of Appeal leave application decision is issued.
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[2022] NZEmpC 223 FGH v RST [PDF, 688 KB] [2022] NZEmpC 223 FGH v RST (Judgment of Judge B A Corkill, 6 December 2022) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISADVANTAGE - social media posts can be subject of disciplinary process - initiating employment investigation into social media posts was fair and reasonable in the circumstances - placing employee on paid sick leave was fair and reasonable in the circumstances - employee was not unjustifiably disadvantaged.
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[2018] NZEmpC 144 FGH v RST [PDF, 227 KB] [2018] NZEmpC 144 FGH v RST (Consent Judgment of Judge B A Corkill, 6 December 2018) CONSENT – sum of $165,000– less applicable deductions to be paid to lawyers’ trust account.
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[2018] NZEmpC 145 FGH v RST [PDF, 252 KB] [2018] NZEmpC 145 FGH v RST (Judgment of Judge B A Corkill, 6 December 2018) PERMANENT NON-PUBLICATION ORDER – application granted – identifying details permanently suppressed.
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[2018] NZEmpC 60 FGH v RST [PDF, 720 KB] [2018] NZEmpC 60 FGH v RST (Judgment of Judge B A Corkill, 1 June 2018) UNJUSTIFIED DISADVANTAGE – HEALTH AND SAFETY – BULLYING – plaintiff subject to performance management processes - bullying considered – not found – performance management and extended disciplinary processes used to address performance when underlying health issues were known – employer failed to comply with obligations to maintain safe and healthy workplace – three of eight causes of action upheld.
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[2018] NZEmpC 1 FGH v RST [PDF, 214 KB] [2018] NZEmpC 1 FGH v RST (Interlocutory Judgment of Judge B A Corkill, 2 February 2018) APPLICATION FOR INTERIM NON-PUBLICATION ORDER – health and safety issue - evidence of adverse health consequences of publication – defendant willing to abide by decision of the Court – order granted – extends to related Authority determinations.