Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 136 Concrete Structures (NZ) Ltd v Ward (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 31 August 2020) APPLICATION FOR LEAVE TO FILE A SUPPLEMENTARY BUNDLE OF DOCUMENTS – limited prejudice from lateness, which can be addressed – proposed new evidence is relevant – application granted.

[2020] NZEmpC 134 Reimann v Hodgson (Interlocutory Judgment of Judge J C Holden, 26 August 2020) APPLICATION FOR SECURITY FOR COSTS – no evidence of inability to pay costs – challenge has merit – application declined.

[2020] NZEmpC 132 Alliance Group Ltd v Leckie (Judgment of Judge K G Smith, 25 August 2020) APPLICATION TO EXTEND TIME TO FILE A CHALLENGE – consent.

[2020] NZEmpC 130 Tolson v Potter (Costs Judgment of Judge J C Holden, 24 August 2020) COSTS – GUIDELINE SCALE – scale costs exceed invoiced costs – Calderbank offer was made – financial hardship considered but outweighed by other factors – full costs awarded.

[2020] NZEmpC 128 Concrete Structures (NZ) Ltd v Ward (Judgment of Chief Judge C Inglis, 20 August 2020) APPLICATION TO HEAR EVIDENCE AT A DISTANCE – application is not opposed – factual issues are not complex – AVL is appropriate.

[2020] NZEmpC 126 McCook v Chief Executive of the Inland Revenue Department (Interlocutory Judgment (No 3) of Judge B A Corkill, 18 August 2020) CHALLENGE TO OBJECTION TO DISCLOSURE – finalisation of earlier decision – privilege of Commissioner considered – limited documents to be provided only to counsel undertaking to keep them confidential.

[2020] NZEmpC 124 Southern Taxis Ltd v A Labour Inspector (Costs Judgment of Judge B A Corkill, 17 August 2020) COSTS – company was partially successful in defending claim of Labour Inspector – costs calculated were reduced by 33%.

[2020] NZEmpC 120 Mataura Valley Milk Ltd v Scott (Oral Judgment of Judge K G Smith, 10 August 2020) SEARCH ORDER – search order was conducted – orders sought arising from search order report - consent.

[2020] NZEmpC 121 KAG v HST (Interlocutory Judgment of Judge K G Smith, 10 August 2020) APPLICATION FOR STAY – financial impact of COVID-19 lockdown on company cashflow – employee admits she would not be able to repay sum if challenge succeeds – stay granted - APPLICATION FOR EXTENSION OF TIME TO FILE A CHALLENGE – company wants to also challenge costs determination – employee consents – application granted.

[2020] NZEmpC 118 Savrim v Wellington Hospitality Group Ltd (Judgment of Judge J C Holden, 10 August 2020) APPLICATION FOR EXTENSION OF TIME TO FILE A CHALLENGE – delay was lengthy – evidence puts in doubt claim that applicant was not aware of determination – applicant has a history of non-cooperation and delay – overall justice supports application being denied.

[2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 4 August 2020) APPLICATION FOR STAY OF PROCEEDINGS – Labour Inspector has applied for consequential orders – stay is sought until after application for rehearing - insufficient evidence of precarious financial position – merits of application for rehearing are weak – balance of convenience weighs against granting stay.

[2020] NZEmpC 114 Ikundabose v McWatt Group Ltd (Judgment of Judge M E Perkins, 31 July 2020) APPLICATION FOR REHEARING – application was made after limitation period – insufficient explanation for the delay – application declined - APPLICATION FOR SECURITY FOR COSTS – not considered because application for rehearing was declined – COSTS – Authority’s costs award confirmed – employee made Court proceedings prolonged and difficult – early offer of settlement was rejected – large costs award would cause hardship – costs guideline scale applied without adjustment – costs also awarded for unsuccessful application for rehearing.