Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 204 Bowen v Bank of New Zealand (Judgment of Judge JC Holden 12 September 2025) CONSENT – stay of execution of Authority orders

[2025] NZEmpC 198 Rural Practice Ltd and Abdul Jabbar v A Labour Inspector (Judgment of Judge Holden, 10 September 2025) NON-DE NOVO CHALLENGE – challenge to penalties determination – issues about recusal of Authority member are procedural – barred by s 179(5) Employment Relations Act – concern to be dealt with by way of a de novo challenge to substantive determination – quantum ordered appropriate – setting penalties is an inexact science – breaches sufficiently serious to warrant 85 per cent starting point – breaches were multiple, systematic, intentional and involved deception – insufficient evidence of financial incapacity – support and kindness to employees is not a mitigating factor – late and partial performance deserves little credit – penalties not out of proportion – quantum sits in the middle by relative comparison to other cases – challenge dismissed

[2025] NZEmpC 202 A Labour Inspector v Dao (Judgment (No 8) of Judge Beck, 10 September 2025) FREEZING ORDER – VARIATION – EXTENSION - application to vary and extend freezing orders – extension of freezing order granted by consent – date set down for review

[2025] NZEmpC 197 Open Country Dairy Limited v Stewart (Judgment of Judge M S King, 2 September 2025) FREEZING ORDER – VARIATION - CONSENT - freezing order varied by consent

[2025] NZEmpC 195 The Secretary for Education v NZ Post Primary Teachers' Association Incorporated Te Wehengarua (Judgment of Judge JC Holden, 2 September 2025) CHALLENGE TO OBJECTION TO DISCLOSURE – objection to relevance – documents sought may provide background and context to assist interpretative exercise – challenge successful

[2025] NZEmpC 193 Black Lion Holdings Ltd v Peterson (judgment of Judge JC Holden, 29 August 2025) APPLICATION FOR STAY – SECURITY FOR COSTS – evidence of plaintiff’s inability to pay if unsuccessful – application for stay not required to protect challenge – defendant entitled to fruits of success – application for stay of proceedings declined - security for costs ordered – challenge to determination stayed until security for costs is paid.

[2025] NZEmpC 191 Cunningham v healthAlliance NZ Limited (Interlocutory Judgment (No 2) of Judge M S King, 29 August 2025)  APPLICATION FOR WITNESS TO APPEAR VIA AVL – application opposed – factual issues uncontentious – evidence brief and unlikely to give rise to credibility issues – court has the ability to determine credibility and reliability - consent of parties not determinative – application to appear via AVL granted – APPLICATION FOR SEVERANCE OF PROCEEDINGS – right to natural justice unaffected by severance – partial hearing would be artificial and inefficient use of resources – application for severance appears motivated by avoiding compliance – application denied.

[2025] NZEmpC 189 Tōpūtanga Tapuhi Kaitiaki o Aotearoa New Zealand Nurses Organisation Inc v Health New Zealand (judgment of Judge Holden 28 August 2025) APPLICATION FOR AN INTERIM INJUNCTION – union claims pay deduction notice/s for partial strike were unlawful – section 95B Employment Relations Act – arguable case of non-compliance – balance of convenience finely balanced but favours union– wage deductions for workers in the interim more impactful than recovery difficulties for employer – total sum relatively modest for enterprise of employer’s size – overall justice does not displace balance of convenience – application granted

[2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd (Interlocutory judgment of Judge Helen Doyle 26 August 2025) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE CHALLENGE - delay was inadvertent - interests of justice favour granting application - application granted - COSTS - not appropriate to categorise matter as granting an indulgence - costs awarded on category 2 band A basis

[2025] NZEmpC 185 Lanigan v Fonterra Brands (NZ) Ltd (Interlocutory (No 4) Judgment of Judge KG Smith 22 August 2025) FURTHER AND BETTER DISCLOSURE – parties disagreed about scope of notice – narrow interpretation not preferred – scope is clear on purposive reading and accounting for description of documents provided – relevance is clear – application grante

[2025] NZEmpC 182 Open Country Dairy Limited v Stewart (Judgment of Judge M S King, 19 August 2025) FREEZING ORDERS – freezing orders applied for on urgent and without notice basis - arguable case for applicant - risk of dissipation of assets due to conduct of respondent and Authority determination – balance of convenience and interests of justice favours applicant – application granted with condition. APPLICATION FOR NON-PUBLICATION ORDERS – interim non-publication orders made by consent in the Authority - disclosure would have adverse consequences on applicant and respondent – application granted.

[2025] NZEmpC 181  Mutonhori v Mairoa District Council (interlocutory judgment no 2 judgment of Judge Holden 19 August 2025) APPLICATION FOR STAY –small delay in costs application – partial security provided– timetable amended – application granted.