Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2025] NZEmpC 264 Channel Infrastructure NZ Ltd vs Holroyd & Others (Judgment of Judge K Beck, 8 December 2025) NON-DE NOVO CHALLENGE – REDUDANCY COMPENSATION – HOLIDAY PAY – INTERPRETION OF COLLECTIVE AGREEMENT - whether employer correctly assessed gross earnings when calculating redundancy compensation - collective agreement provided for additional leave – employer underwent restructuring and offered to buy accrued additional leave early or pay out at the time of redundancy – employer maintained practice of paying out additional leave on termination - collective agreement did not require payout of additional leave on termination and requirement to pay could not be implied –accrued additional leave amounted to discretionary payments – leave buyout offer became an enforceable term of the employment agreement for employees who accepted it and payments are within the definition of gross earnings for the purposes of calculating redundancy compensation – payments of accrued additional leav…

[2025] NZEmpC 262 Mutonhori v Wairoa District Council (Judgment of Judge Holden, 5 December 2025) COSTS – scale costs awarded – costs on costs awarded

[2025] NZEmpC 260 A Labour Inspector v Dao (Judgment (No 10) of Judge Beck, 4 December 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 258 Du Fall v The Mokoia Intermediate School Board (Interlocutory Judgment of Judge Helen Doyle, 2 December 2025) APPLICATION FOR INTERIM REINSTATEMENT - serious issue to be tried in respect of unjustifiable dismissal - employee was dismissed for incompatibility - employee worked 20 years before problems with compatibility arose - employer could have waited for mediation date before making a decision on dismissal - arguable case for unjustifiable dismissal is more than weak - arguable case for permanent reinstatement - employee will not need to work directly with allegedly incompatible staff until next year - evidence of willingness to restore relationship - employer cannot restructure role while knowing of employee seeking reinstatement - balance of convenience favours employee - overall justice favours interim reinstatement - application granted.

[2025] NZEmpC 256 Labour Inspector v SSM Investments Ltd (Judgment (No 5) Judge KG Smith, 1 December 2025) FREEZING AND ANCILLARY ORDERS – orders discharged by consent

[2025] NZEmpC 254 Raravula v Northern Rescue Helicopter Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 28 November 2025) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – Council of Trade Unions is fundamentally concerned about issues of human rights for workers, including discrimination – challenge will be hard by the full Court – application not opposed – application granted

[2025] NZEmpC 252 Wilson v Chief Executive of Inland Revenue Department (Consent Interlocutory Judgment of Judge Helen Doyle, 28 November 2025) APPLICATIONS FOR STAY - CONSENT

[2025] NZEmpC 248 Wētā Fx Ltd v Cullen (judgment of Judge JC Holden 25 November 2025) CONSENT – application for an interim injunction and other orders discharged by consent

[2025] NZEmpC 246 Lanigan v Fonterra Brands (New Zealand) Ltd (Interlocutory judgment (No 6) of Judge Helen Doyle 17 November 2025).APPLICATION FOR FURTHER AND BETTER DISCLOSURE – whether redactions in documents were appropriate – redactions were covered by litigation privilege and legal advice privilege – redacted information is not relevant – application declined.

[2025] NZEmpC 243 Rural Practice Ltd and Abdul Jabbar v A Labour Inspector of the Ministry of Business, Innovation and Employment  (Judgment of Judge Holden, 11 November 2025) COSTS – revised scale costs sought and awarded

[2025] NZEmpC [2025] NZEmpc 241 Jenner v Corrections Assoc of New Zealand Inc (No 2) (Judgment of Judge Beck, 7 November 2025) APPLICATION FOR JUDICIAL REVIEW – union constitution allows for removal from office for just cause ­– executive committee of the union proposed to remove vice president from office for just cause ­– proposed actions of union justiciable– proposal to remove applicant not a preliminary or investigatory process – proposed actions amenable to judicial review where breach of natural justice and errors of law alleged – dispute over interpretation of just cause ­– democratic structure of union and statutory purpose consistent with just cause being a high threshold for removal – just cause must be consistent with rights and freedoms contained in NZBORA – union interpretation of just cause was an error in law– correct interpretation of constitution does not permit union to unilaterally determine just cause –breaches of natural justice in relation to notice cured by lega…

[2025] NZEmpC 239 VSL v ZSM Limited (Interlocutory Judgment (No 3) of Chief Judge Inglis, 5 November 2025)

2025] NZEmpC 236 Smart Sushi Northwest Limited and other(s) v A Labour Inspector of the Ministry of Business Innovation and Employment (Judgment of Judge M S King, 31 October 2025) NON-DE NOVO CHALLENGE – MINIMUM ENTITLEMENTS – HOLIDAY PAY - OBJECTION TO IMPROVEMENT NOTICE - employer incorrectly paid annual leave and alternative holiday leave –practice of paying out all annual holiday leave and alternative holidays in advance – improvement notices issued to remedy breaches - employer seeks set off or credit for previous payments for the purposes of remediation –set off not available for previously made incorrect payments – previous payments made without agreement and in breach of the Holidays Act 2003 – previous payments extinguished employees’ entitlement to paid holiday leave and alternative holidays -  incorrect payments do not discharge an employer’s obligation to fulfil minimum entitlements in full – concerns of double payment and windfall mitigated by employers ability to bring c…