Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 234 McBride v ANZCO Foods Ltd (Judgment of Judge K G Smith, 18 December 2020) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – plaintiff’s representative accepted responsibility for failing to file challenge – application granted.

[2020] NZEmpC 232 The Chief of New Zealand Defence Force v Darnley (Consent Judgment of Chief Judge Christina Inglis, 17 December 2020) APPLICATION FOR STAY – consent.

[2020] NZEmpC 230 Arachchige v Rasier New Zealand Ltd (Judgment of Judge J C Holden, 17 December 2020) APPLICATION FOR DECLARATION OF EMPLOYMENT RELATIONSHIP – applicant is driver for Uber – applicant was previously a taxi driver running a business on his own account – applicant’s work was not exclusive to Uber – applicant was not vulnerable or lacking in comprehension – applicant was in control of work hours, equipment, and tax – applicant had ability to increase profitability in some ways – work is integral to Uber’s business but Uber lacked control over how it was undertaken – industry practice not a helpful consideration – applicant was not an employee of Uber.

[2020] NZEmpC 228 Ashby v NIWA Vessel Management Ltd (Interlocutory Judgment of Judge J C Holden, 15 December 2020) APPLICATION FOR SECURITY FOR COSTS – APPLICATION FOR STAY – no evidence that employee will be unable to pay costs if challenge does not succeed – applications dismissed.

[2020] NZEmpC 227 Wills v Farmlands Co-Operative Society Ltd (Judgment of Judge K G Smith, 14 December 2020) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – employee discussed grievance with solicitor but no further steps were taken – no clear instruction given to solicitor – grievance was not raised – no exceptional circumstances to allow raising the grievance out of time.

[2020] NZEmpC 224 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd (in administration)  (Costs Judgment of Judge M E Perkins, 11 December 2020) COSTS – GUIDELINE SCALE – costs awarded.

[2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd (Reasons for Judgment of Judge B A Corkill, 9 December 2020) REASONS FOR DISCHARGE ORDER AND CHALLENGE TO INTERIM INJUNUCTION BEING GRANTED – order was granted in earlier judgment – employment agreements were tied to commercial issues – commercial issues must be resolved in general jurisdiction – balance of convenience and interest of justice favour point against interim injunction and continuing freezing orders.

[2020] NZEmpC 220 Flashoff v New Zealand Technology Group Hawkes Bay Ltd (Judgment of Judge B A Corkill, 7 December 2020) APPLICATION TO DISCHARGE FREEZING ORDERS – CHALLENGE TO INTERIM INJUNCTION ORDER - granted.

[2020] NZEmpC 218 EPB Ltd v OST (Judgment of Judge M E Perkins, 4 December 2020) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – clear reasons for challenge being out of time – application granted - COSTS – employer discontinued challenge – costs awarded.

[2020] NZEmpC 216 Hatcher v Burgess Crowley Civil Ltd (Costs Judgment of Judge J C Holden, 4 December 2020) COSTS – GUIDELINE SCALE - $20,000 awarded for costs.

[2020] NZEmpC 214 Humphreys v Humphreys (Interlocutory Judgment of Chief Judge Christina Inglis, 2 December 2020) APPLICATION FOR APPOINTMENT OF LITIGATION GUARDIAN – defendant is incapacitated – no objection to appointment of litigation guardian – litigation guardian appointed.

[2020] NZEmpC 212 BL & SL Porter Ltd v Higgs (Judgment of Judge Kathryn Beck, 1 December 2020) COSTS – GUIDELINE SCALE – proceedings were discontinued – $2000 awarded.