Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 33 Carrigan v Attorney-General (Interlocutory Judgment of Chief Judge C Inglis, 17 March 2020) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE PLEADINGS – APPLICATION FOR LEAVE TO APPEAR AS INTERVENOR – New Zealand Council of Trade Unions requested to intervene – no objection by either party – application granted - New Zealand Human Rights Council given extension to file an application to intervene.

[2020] NZEmpC 31 Zara’s Turkish Ltd v Kocaturk (Interlocutory Judgment of Judge K G Smith, 13 March 2020) APPLICATION FOR NON-PARTY DISCOVERY – immigration files sought from Immigration New Zealand – parts of discovery sought are too broad and amount to fishing, or are irrelevant – application partially granted.

[2020] NZEmpC 29 Maharaja India Ltd v A Labour Inspector (Judgment of Judge B A Corkill, 12 March 2020) APPLICATION FOR STRIKE OUT – employer had no standing to challenge Authority determination because he was bankrupt – Official Assignee had no interest in the challenge – proceedings struck out.

[2020] NZEmpC 27 Labour Inspector (MacRury) v Cypress Villas Ltd (Judgment of Judge M E Perkins, 11 March 2020) PENALTIES – LIABILITY OF COMPANY DIRECTOR UNDER S 234 -  no evidence that director had knowledge of employment entitlement breaches -  director cannot be found to be jointly liable – action by the Labour Inspector dismissed.

[2020] NZEmpC 25 Sexton v Lowe (Judgment of Judge J C Holden, 10 March 2020) NATURE OF EMPLOYMENT – whether worker was an employee or a contractor – worker had already obtained a judgment from the Disputes Tribunal on the basis of being a contractor – claim against the company amounts to an abuse of process and cannot proceed – evidence pointed to a contracting relationship between the worker and Mr Lowe.

[2020] NZEmpC 23 Rudling v Bridgestone New Zealand Ltd (Consent Judgment of Chief Judge C Inglis, 9 March 2020) CONSENT – s 149 settlement agreement signed.

[2020] NZEmpC 22 Carruthers v Brommel Roofing Ltd (Oral Judgment of Judge M E Perkins, 2 March 2020) FINE FOR BREACH OF COMPLIANCE ORDER – parties signed a mediated settlement agreement – company has failed to pay – no reason for failure was provided – company fined $10,000.

[2020] NZEmpC 19 Kenny Omen Ltd v Kumar (Stay Judgment of Judge K G Smith, 2 March 2020) Company has been liquidated and liquidators are not interested in the proceeding – proceedings stayed.

[2020] NZEmpC 16 Evans v JNJ Management Ltd (Judgment of Judge J C Holden, 2 March 2020) APPLICATION FOR EXTENSION OF TIME – deadline was missed by one day – application would only not be granted if case could be considered hopeless – case is not hopeless – application granted.

[2020] NZEmpC 15 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd (Costs Judgment of Judge K G Smith, 27 February 2020) COSTS – costs guideline scale not appropriate because of brevity of submissions - $4,000 awarded.

[2020] NZEmpC 13 Elisara v Allianz New Zealand Ltd (Costs Judgment of Judge Chief Judge C Inglis, 26 February 2020) COSTS – costs guideline scale – adjustments made for Calderbank offer – award not reduced for reasons of ability of pay – Authority costs award discussed – whether Authority’s notional daily rate is generally appropriate.

[2020] NZEmpC 11 Cooper v Phoenix Publishing Ltd (Interlocutory Judgment No.2 of Judge K G Smith, 21 February 2020) APPLICATION FOR LEAVE TO DEFEND – statement of defence not filed on time – company did not file application and did not attend conference – proceeding struck out for want of prosecution.

[2020] NZEmpC 9 Zhang v Telco Asset Management Ltd (Costs Judgment of Judge B A Corkill, 20 February 2020) COSTS – costs guideline scale – Calderbank offer – rejection of Calderbank offer appropriate because sum awarded was significantly higher than offer – employee only partially successful – 25% of normal costs awarded.