Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 184 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd t/a Te Puna Liquor Centre (Judgment of Judge K Beck, 6 November 2020) APPLICATION FOR FREEZING ORDER WITHOUT NOTICE – respondent allegedly in process of selling business – strongly arguable case for breaches of minimum entitlements – assets are in the jurisdiction and at risk of being dissipated – balance of convenience and overall justice favour granting an interim order without notice – order granted.

[2020] NZEmpC 179 TPT Forests Ltd v Penfold (Judgment of Judge J C Holden, 5 November 2020) APPLICATION FOR SEARCH ORDER – company claims breaches of contract and confidentiality – strong prima facie case established - search order granted urgently and without notice.

[2020] NZEmpC 181 Evans v JNJ Management Ltd (Judgment of Judge J C Holden, 5 November 2020) PERSONAL GRIEVANCE – UNJUSTIFIABLE DISADVANTAGE – employee was dismissed but agreement included a valid trial period – disadvantage occurred prior to dismissal and was not connected to it – employee should have been consulted about reorganisation – employee was unjustifiably disadvantaged - $5,000 awarded for compensation.

[2020] NZEmpC 178 Wills v Farmlands Co-Operative Society Ltd (Oral Judgment of Judge K G Smith, 4 November 2020) WITNESS SUMMONS – APPLICATION TO SET ASIDE WITNESS SUMMONS – APPLICATION TO GIVE EVIDENCE BY AVL AS ALTERNATIVE – evidence is likely to be material – proceeding is suitable for the use of AVL – evidence to be given by AVL.

[2020] NZEmpC 176 Gates v DC Cladding and Re-Clad Solutions Ltd (Judgment of Judge K Beck, 2 November 2020) APPLICATION FOR SANCTIONS FOR BREACH OF COMPLIANCE ORDER – company has failed to make payments ordered by the Authority – fine was appropriate in the circumstances – $10,000 fine imposed with $7,500 given to the employee.

[2020] NZEmpC 174 Greetham v Lawter (NZ) Ltd (Judgment of Judge M E Perkins, 28 October 2020) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – company had concerns about employee’s performance – employee resigned before full process but after several meetings – company followed legitimate process to address concerns – employee was not constructively dismissed.

[2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff (Judgment (No 2) of Judge B A Corkill, 23 October 2020) APPLICATION FOR VARIATION OF A FREEZING ORDER – order applies to joint bank accounts but with ordinary living expenses allowed – freezing order does not cover wage payments to employees – freezing order does not cover legal expenses.

[2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff (Judgment of Judge B A Corkill, 16 October 2020) APPLICATION FOR A WITHOUT NOTICE FREEZING ORDER – urgency and lack of notice appropriate in the circumstances – good arguable case established – assets at risk of being dissipated – balance of convenience favours making freezing order.

[2020] NZEmpC 168 Eastern Bays Hospice Trust T/A Dove Hospice v Raggett (Judgment of Chief Judge C Inglis, 14 October 2020) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – not opposed - granted.

[2020] NZEmpC 166 New Zealand Resident Doctors Assoc v Auckland District Health Board (Judgment of the Full Court, 14 October 2020) INTERPRETATION OF COLLECTIVE AGREEMENT – employees rotate between employers in different regions of Auckland – whether employees are “new employees” upon each rotation – ordinary meaning of “new employees” should be applied – employees are “new employees” upon each rotation – two possible collective agreements to apply depending on work to be performed – work to be categorised according to the college to which they may be attached.

[2020] NZEmpC 164 Kumar v Bowen (Judgment of Judge J C Holden, 14 October 2020) APPLICATION FOR ACCESS TO COURT DOCUMENTS – documents are incomplete and would present one-sided picture – documents are commercially sensitive – application declined.

[2020] NZEmpC 162 KAG v HST (Consent Judgment of Judge K G Smith, 13 October 2020) CONSENT – parties have reached settlement.

[2020] NZEmpC 160 Van Kleef v Alliance Group Ltd (Interlocutory Judgment (No 2) of Judge B A Corkill, 12 October 2020) APPLICATION FOR FURTHER AND BETTER DISCLOSURE – APPLICATION FOR THIRD PARTY DISCLOSURE - information sought has already been provided or is not relevant – application declined.