Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 22 Insight New Zealand 2007 Ltd v Longson (Consent Judgment of Judge K G Smith, 8 March 2021) APPLICATION FOR STAY - consent.

[2021] NZEmpC 20 Gate Gourmet New Zealand Ltd v Sandhu (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 8 March 2021) APPLICATION FOR STAY OF DETERMINATION OF COSTS – substantive decision subject to appeal – determining costs now would layer additional costs – application granted.

[2021] NZEmpC 18 Reid v Ngati Rangi Trust (Interlocutory Judgment of Judge J C Holden, 25 February 2021) APPLICATION TO DISMISS PROCEEDINGS – employee repeatedly failed to meet timetabling orders – delays were inordinate and inexcusable but did not cause serious prejudice – proceedings not dismissed - unless order granted.

[2021] NZEmpC 16 Bowen v Bank of New Zealand (Interlocutory Judgment (No 2) of Judge J C Holden, 22 February 2021) APPLICATION TO EXCLUDE EVIDENCE – whether affidavit in reply is admissible – evidence is not relevant – evidence goes further than just replying – parts of affidavit excluded.

[2021] NZEmpC 14 Disabilities Resource Centre v Maxwell (Judgment of Judge J C Holden, 18 February 2021) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – whether letter written after dismissal was sufficient to raise grievance – letter was not ambiguous about type of grievance and asked for response from employer – grievance was raised within time.

[2021] NZEmpC 12 Evans v JNJ Management Ltd (Costs Judgment of Judge J C Holden, 16 February 2021) COSTS – CALDERBANK OFFER – Calderbank offer did not include costs incurred to that point – employee still entitled to costs.

[2021] NZEmpC 10 Anderson v Righteous Law Ltd (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 12 February 2021) APPLICATION TO WITHDRAW AS COUNSEL – party lost legal aid and is unable to pay counsel – application granted.

[2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc (Judgment of Judge B A Corkill, 11 February 2021) COLLECTIVE AGREEMENT – INTERPRETATION – whether employees entitled to motor vehicle reimbursement – reimbursement clause applies to all instances of rotation – entitlement applies when appointment to temporary role whether initiated by employee or employer – entitlement also applies for employee assigned to multiple places of work.

[2021] NZEmpC 6 Bowen v Bank of New Zealand (Interlocutory Judgment of Judge Kathryn Beck, 4 February 2021) EVIDENCE – PRIVILEGE – phone call between lawyer and client recorded by other party – phone call was privileged – privilege was not waived – evidence not admissible.

[2021] NZEmpC 4 Coetzee v Oamaru Meats Ltd (Consent Judgment of Judge K G Smith, 1 February 2021) APPLICATION FOR STAY - CONSENT.

[2021] NZEmpC 2 Talent Propeller Ltd v UXK (Interlocutory Judgment of Chief Judge Christina Inglis, 26 January 2021) APPLICATION FOR EXTENSION OF TIME TO FILE CROSS-CHALLENGE – statement of defence already filed but not cross-challenge – delay explained – application granted.

[2020] NZEmpC 238 Neil v New Zealand Nurses Organisation  (Interlocutory Judgment of Judge Kathryn Beck, 23 December 2020) APPLICATION TO STRIKE OUT PART OF THE PLEADINGS – CONFIDENTIALITY – pleadings contain statements made during settlement negotiations – paragraphs are inadmissible – paragraphs struck out.

[2020] NZEmpC 236 Maheta v Skybus New Zealand Ltd (Interlocutory Judgment of Judge K G Smith, 18 December 2020) APPLICATION FOR STAY – Authority costs determination was not challenged – nothing to stay - APPLICATION FOR SECURITY FOR COSTS – plaintiff would have trouble paying if unsuccessful in his challenge – merits of challenge are questionable – plaintiff’s previous conduct suggests increased costs – security for costs ordered.