Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 158 FVB v XEY (Interlocutory Judgment of Judge J C Holden, 1 October 2020) APPLICATION FOR LEAVE TO CROSS-EXAMINE – intervener wants to cross-examine evidence on sexual harassment – application granted in the interest of justice.

[2020] NZEmpC 156 McCook v Chief Executive of the Inland Revenue Department (Interlocutory Judgment (No 4) of Judge B A Corkill, 30 September 2020) JOINDER – applicant joined as plaintiff.

[2020] NZEmpC 154 Kennedy v The Chief Executive of Oranga Tamariki – Ministry for Children (Judgment of Judge J C Holden, 29 September 2020) APPLICATION FOR DISCLOSURE – documents sought are not relevant – application declined.

[2020] NZEmpC 153 Ceres New Zealand LLC v DJK (Interlocutory Judgment of Chief Judge C Inglis, 25 September 2020) PERSONAL GRIEVANCE – RAISING THE GRIEVANCE – statement of problem was filed more than 90 days after notice of redundancy was given – 90-day period should start when notice expired – grievance was raised in time.

[2020] NZEmpC 150 Shaw v Bay of Plenty District Health Board (Interlocutory (Reasons) Judgment of Judge K G Smith, 22 September 2020) APPLICATION TO ADJOURN HEARING – REASONS – employee representative would need to give evidence – conflict between representing client and giving evidence – representative removed by employee – short adjournment granted.

[2020] NZEmpC 148 Baker v Hauraki Rail Trail Limited (Judgment of Judge M E Perkins, 17 September 2020) REMEDIES – PENALTIES - non-de novo challenge to Authority determination – Authority’s compensation award was reasonable – Authority was wrong not to grant lost wages – penalty was appropriate – penalty to be paid to employee – costs awarded.

[2020] NZEmpC 146 Shaw v Bay of Plenty District Health Board (Interlocutory Judgment of Judge K G Smith, 17 September 2020) APPLICATION TO SET ASIDE WITNESS SUMMONS – witness has health complications and medical operation booked on the day of hearing – witness to give evidence by AVL – APPLICATION FOR EVIDENCE TO BE GIVEN BY AUDIO-VISUAL LINK – witness has a back injury for which treatment is ongoing – application granted.

[2020] NZEmpC 144 Martin v Solar Bright Ltd (in liquidation) (Judgment of Judge K G Smith, 9 September 2020) BREACH OF EMPLOYMENT AGREEMENT – Authority was allowed to consider intellectual property breach in the context of the employment agreement despite that being discussed also by the High Court – Authority was correct about breach in relation to other intellectual property – challenge dismissed.

[2020] NZEmpC 142 Kwik Kiwi Cars Ltd T/A Mark Cromie Motor Group v Crossley (Judgment of Judge B A Corkill, 7 September 2020) UNJUSTIFIABLE DISMISSAL - FIXED-TERM AGREEMENT – whether valid fixed-term agreement – signed acceptance of legitimacy of term not valid reinforcement of actual legitimacy – reason for fixed term was that there would need to be a restructuring – redundancy process was a more appropriate means of effecting a restructuring – staff were being assessed for suitability for permanent employment – employment agreement did not fully explain all factors - fixed term not genuine – dismissal was unjustifiable.

[2020] NZEmpC 139 KiwiRail Ltd v Mobbs (Judgment of Judge B A Corkill, 2 September 2020) CONTRACTUAL INTERPRETATION – RETIREMENT LEAVE CLAUSE – clause is unclear – history of collective agreements between the parties considered – unlikely that the company intended to enlarge the right to retirement leave – clause had a linguistic error – no entitlement to retirement leave.

[2020] NZEmpC 137 Sinton v Coatesville Motors 2013 Ltd (Interlocutory Judgment of Judge K Beck, 2 September 2020) OBJECTION TO JURISDICTION – whether claim of unjustifiable disadvantage available on challenge when not raised in the Authority – disadvantage claim does not relate to the issues considered by the Authority – no jurisdiction to consider disadvantage grievance.

[2020] NZEmpC 136 Concrete Structures (NZ) Ltd v Ward (Interlocutory Judgment (No 2) of Chief Judge C Inglis, 31 August 2020) APPLICATION FOR LEAVE TO FILE A SUPPLEMENTARY BUNDLE OF DOCUMENTS – limited prejudice from lateness, which can be addressed – proposed new evidence is relevant – application granted.