Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 84 BEO v Vice-Chancellor of the University of Auckland (Judgment of Judge J C Holden, 16 June 2020) APPLICATION TO SET ASIDE APPEARANCE UNDER PROTEST TO JURISDICTION – whether Authority’s preliminary determination could be challenged – Authority did not make a substantive finding but rather demonstrated a step in its reasoning – Court does not have jurisdiction to hear a challenge - APPLICATION FOR SPECIAL LEAVE TO REMOVE PROCEEDINGS TO COURT – Authority is well placed to conduct the investigation – no important issues of law arise – nature and urgency do not make removal in the public interest – application fails.

[2020] NZEmpC 82 Hong v Chevron Traffic Services Ltd (Costs Judgment of Judge M E Perkins, 11 June 2020) COSTS – GUIDELINE SCALE – no variation made to the guideline scale.

[2020] NZEmpC 80 Smartlift Systems Ltd v Armstrong & Anor

[2020] NZEmpC 79 Kim v Smile Devon Ltd (Judgment of Judge B A Corkill, 3 June 2020) APPLICATION FOR FREEZING ORDER WITHOUT NOTICE – applicant has a strongly arguable case – sufficient evidence of an asset at risk of being dissipated – balance of justice favours granting interim order – application granted.

[2020] NZEmpC 73 Waste Management NZ Ltd v Jones (Judgment of Judge K G Smith, 29 May 2020) PERSONAL GRIEVANCE – CONSTRUCTIVE DISMISSAL – company did not engage in a course of conduct with the purpose of causing resignation – investigation was appropriate – company did not breach any duties to cause a loss of trust and confidence – no breach of good faith for failure to provide information – no disparity of treatment – employee was not constructively dismissed.

[2020] NZEmpC 75 De L’Isle v Board of Trustees Glamorgan School (Consent Judgment of Chief Judge C Inglis, 28 May 2020) CONSENT – parties have reached settlement.

[2020] NZEmpC 71 Grigorovich v Precise Ltd (Judgment of Chief Judge C Inglis, 27 May 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – no sufficient explanation for delay – delay was lengthy – no substantial prejudice on respondent – declining would not materially impact applicant – application declined.

[2020] NZEmpC 65 A Labour Inspector v LA Wheat Ltd (Interlocutory Judgment of Judge K G Smith, 22 May 2020) APPLICATION TO STRIKE OUT A PARTY – company was in liquidation at the time challenge was filed – company struck out as a defendant.

[2020] NZEmpC 69 A Labour Inspector v Jeet Holdings Ltd (Costs Judgment of Judge B A Corkill, 21 May 2020) COSTS – The Labour Inspector unsuccessfully opposed an application to vary a freezing order – defendants did not incur costs – no award of costs for defendants – third party did incur costs – Labour Inspector’s actions were reasonable – interests of justice dictate no award of costs.

[2020] NZEmpC 68 New Zealand Professional Firefighters Union v Fire and Emergency New Zealand (Judgment of Chief Judge C Inglis, 19 May 2020) APPLICATION FOR SPECIAL LEAVE TO REMOVE MATTER TO THE COURT – both parties agree – case involves important question of law – application granted.

[2020] NZEmpC 63 Southern Taxis Ltd v A Labour Inspector (Judgment of Judge B A Corkill, 14 May 2020) NATURE OF EMPLOYMENT – SECTION 6 – taxi drivers were stated to be independent contractors – no written employment agreements – no common intention – some degree of control – drivers were not in business on their own account – evidence of industry practice was vague – taxi drivers were employees – MINIMUM STANDARDS OF EMPLOYMENT – employees were not paid minimum wage, holiday pay or rest breaks – company is unable to pay sums owing – directors could not be personally liable under s 234 or s 142W because they did not realise drivers were employees.

[2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd (Interlocutory Judgment of Judge B A Corkill, 7 May 2020) APPLICATION FOR DECLARATION OF WITHDRAWAL – client will not respond to counsel communications – client unable to be reached – application for substituted service – counsel did not attempt all options to reach client – application for joinder of third parties for costs – whether counsel should be liable for costs – failure to record client’s address was imprudent but not a very serious breach of rules of procedure – joinder not warranted.

[2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force (Costs Judgment of Judge B A Corkill, 6 May 2020) COSTS – GUIDELINE SCALE – orthodox approach applied - uplift for lack of GST registration.