Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 216 Chain & Rigging Supplies Ltd v Nikorima (Oral Judgment (No 5) of Judge B A Corkill, 30 November 2023) APPLICATION FOR CONSEQUENTIAL ORDERS FOLLOWING A SEARCH ORDER – application granted.

[2023] NZEmpC 212 Halse v Employment Relations Authority (Interlocutory Judgment (No 4) of Judge Kathryn Beck, 24 November 2023) APPLICATION FOR STAY – convenience to parties in granting a stay until after appeal is heard – application granted - APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF OPPOSITION – application granted.

[2023] NZEmpC 209 Osborne v Callaghan Innovation (Interlocutory Judgment of Judge K G Smith, 22 November 2023) APPLICATION FOR STRIKE-OUT - claims not yet investigated by the Authority cannot yet be challenged - no jurisdiction for complaints about Ombudsman investigation - statement of claim partially struck out.

[2023] NZEmpC 207 The Pho House Ltd T/A Zeke v Branford (Interlocutory Judgment of Chief Judge Christina Inglis, 21 November 2023) APPLICATION FOR STAY – interests of justice point against stay – application declined.

[2023] NZEmpC 205 Supercity Towing Ltd v Huch (Judgment of Judge J C Holden, 20 November 2023) NON-DE NOVO CHALLENGE – QUANTUM OF LOST WAGES – contractual interpretation – contractual entitlement was to 40 hours per week, not 60 hours per week – lost wages award reduced.

[2023] NZEmpC 203 IDEA Services Ltd v Wills (Consent Interlocutory Judgment of Judge Kathryn Beck, 20 November 2023) APPLICATION FOR STAY – granted by consent.

[2023] NZEmpC 201 Reddy v Employment Relations Authority (Costs Judgment of Judge J C Holden, 17 November 2023) COSTS – GUIDELINE SCALE – reduction for financial position.

[2023] NZEmpC 199 Breen v Prime Resources Company Ltd (Judgment of Chief Judge Christina Inglis, 15 November 2023) UNJUSTIFIABLE DISADVANTAGE – late payment of wages – distinction between personal grievance and dispute – late payment were a result of genuine interpretation of employment agreement – matter was a dispute, not a personal grievance.

[2023] NZEmpC 197 The Chief of New Zealand Defence Force v New Zealand Public Service Association Te Pūkenga Here Tikanga Mahi Inc (Consent Judgment of Judge J C Holden, 13 November 2023) APPLICATION FOR STAY OF PROCEEDINGS – granted by consent.

[2023] NZEmpC 195 PIC Insurance Brokers Ltd v Pepper (Judgment of Judge Kathryn Beck, 9 November 2023) APPLICATION FOR PRE-COMMENCEMENT DISCOVERY – applicant has a potential claim – documents are necessary to pursue claim – application granted.

[2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd (Judgment of Chief Judge Christina Inglis, 8 November 2023) INTERPRETATION OF COLLECTIVE AGREEMENT - LONG SERVICE LEAVE - employee joined collective agreement after 15th anniversary date - whether employee is entitled to long service leave - employee is entitled to long service leave after 15 years continual service, regardless of whether they were covered on anniversary date.

[2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd (Judgment of Judge J C Holden, 3 November 2023) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISMISSAL – investigation process was flawed – dismissal was unjustifiable – REMEDIES – employee contributed to dismissal by health and safety breach – remedies reduced by 20% for contribution reinstatement not practicable or reasonable – compensation and lost wages awarded with reduction.

[2023] NZEmpC 188 Edwards v Laybuy Holdings Ltd (Judgment of Judge J C Holden, 3 November 2023) PERSONAL GRIEVANCE – whether plaintiff was a “person intending to work” – offer of employment was conditional and condition was not satisfied – defendant never had intention to be legally bound – plaintiff was not a “person intending to work” – challenge dismissed.