Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 131 Galvanising (H.B.) Ltd v Hare (Consent judgment of Judge B A Corkill, 25 September 2019) CONSENT – monetary orders made – other terms confidential – order prohibiting publication of balance of settlement terms.

[2019] NZEmpC 129 A v N Ltd (Judgment of Judge M E Perkins, 17 September 2019) UNJUSTIFIED DISMISSAL – REMEDIES – drug testing – drug testing policy created just to test employee suspected of drugs – dismissal not substantively or procedurally justified – lost wages awarded. 

[2019] NZEmpC 127 Byrne v New Zealand Transport Agency (Interlocutory Judgment of Judge B A  Corkill, 13 September 2019) APPLICATION FOR STAY OF COSTS DETERMINATION – difficulty in making the payment – repayments in monthly parts ordered.

[2019] NZEmpC 125 Emmanuel v Waikato District Health Board (Costs Judgment of Judge J C Holden, 10 September 2019) COSTS – Calderbank offer rejected leading to increased costs – costs of $16,159 ordered in favour of successful defendant

[2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd (Judgment of Chief Judge C Inglis, 6 September 2019) UNJUSTIFIED DISMISSAL – serious misconduct – disparity of treatment – predetermination – failure to provide relevant information – opportunity to have legal representation – lack of preliminary decision – non-publication orders.

[2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board (Judgment of Judge B A Corkill, 6 September 2019) APPLICATION FOR LEAVE TO FILE CHALLENGE OUT OF TIME – Application granted.

[2019] NZEmpC 119 Leota v Parcel Express Ltd (Interlocutory Judgment of Chief Judge C Inglis, 5 September 2019) APPLICATION FOR ACCESS TO COURT DOCUMENTS – opposition based on concern about applying to intervene are not appropriate – application granted.

[2019] NZEmpC 117 Hatcher v Burgess Crowley Civil Ltd (Judgment of Judge J C Holden, 4 September 2019) HOLIDAYS – RECORD-KEEPING –records need not be kept beyond six years – reverse onus of proof not activated.

[2019] NZEmpC 115 A labour Inspector v IT-Guys NZ Ltd (Judgment of the full Court, 2 September 2019) LABOUR INSPECTORS – Labour Inspectors can use improvement notice issued under s 223D Employment Relations Act 2000 to recover wages and holiday pay under Minimum Wage Act 1983 and Holidays Act 2003 – compliance order granted – penalty awarded.

[2019] NZEmpC 113 Genesys Telecommunications Laboratories Ltd v Scott (Judgment of Judge B A Corkill, 30 August 2019) CHALLENGE –  INTERIM REINSTATEMENT –  employee reinstated pending substantive determination – challenged dismissed.

[2019] NZEmpC 111 Ward v Concrete Structures (NZ) Ltd (Costs Judgment of Chief Judge C Inglis, 27 August 2019) COSTS – DISCONTINUANCE – advocate filed application without instructions – costs guideline scale not applied.

[2019] NZEmpC 109 Downer New Zealand Limited v Livingston (Judgment of Chief Judge C Inglis, 26 August 2019) CONFIDENTIALITY – Admissibility – Emails to employer copied to mediation services – Emails admissible –  ss 148 and 189 Employment Relations Act 2000.

[2019] NZEmpC 108 Plan B Ltd v Roberts (Reasons for Judgment of Judge M E Perkins, 23 August 2019) SEARCH ORDER – REASONS - employee was suspected of breach of confidentiality of company information – reasonable inference could be made – urgency and without notice orders appropriate.