Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2019] NZEmpC 56 Boyd v Blanchard (Interlocutory Judgment of Chief Judge C Inglis, 13 May 2019) APPLICATION FOR STAY – financial position of both parties considered – prejudice to defendant.

[2019] NZEmpC 54 Hong v Auckland Transport (Judgment of Judge J C Holden, 10 May 2019) UNJUSTIFIED SUSPENSION – REINSTATEMENT – REMEDIES – dismissal agreed to be unjustified – three separate suspensions – whether reinstatement practicable and reasonable – no evidence of reasonable deterioration of trust and confidence – compensation and lost wages awarded – reduction for contribution.

[2019] NZEmpC 52 Derbie v Tranzurban Hutt Valley Ltd (Costs Judgment of Chief Judge B A Corkill, 7 May 2019) COSTS – CONSENT.

[2019] NZEmpC 50 Metropolitan Glass & Glazing Ltd v A Labour Inspector (Interlocutory Judgment of Chief Judge C Inglis, 3 May 2019) APPLICATION FOR NON-PUBLICATION ORDER – parties in agreement – identities of employees not relevant – potential prejudicial consequences if identities revealed.

[2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Interlocutory Judgment of Judge K G Smith, 2 May 2019) APPLICATION FOR STAY – PROCEEDINGS IN ANOTHER COURT – stay principles considered - application to confirm identity of parties – application for directions on whether counsel can represent parties.

[2019] NZEmpC 47 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd (Judgment of the Full Court, 2 May 2019) AVAILABILITY PROVISION – whether s 67D intended to only apply to zero-hour contracts – whether compulsory overtime provisions amount to availability provision – whether employees on a salary that includes reasonable compensation for availability.  

[2019] NZEmpC 45 Chambers v Pelabon (Judgment of Judge B A Corkill, 18 April 2019) COMPLIANCE ORDER – whether compliance should be ordered against holding company and director – good faith issue during Authority investigation – challenge limited to certain issues – whether Lawrence Publishing Co of New Zealand Ltd is applicable under Employment Relations Act 2000 – compliance can be ordered not only against employer – compliance ordered against holding company and director.

[2019] NZEmpC 43 Moody v Chamberlain (Interlocutory Judgment of Chief Judge C Inglis, 9 April 2019) APPLICATION FOR LEAVE TO APPEAR AND BE HEARD – application by New Zealand Council of Trade Unions and Human Rights Commission – opposed by Attorney-General – case could have far-reaching consequences – both applicants have proper interest in the matter – leave granted.

[2019] NZEmpC 41 Renaissance Assets Management Ltd v Ge (Interlocutory Judgment of Judge K G Smith, 5 April 2019) APPLICATION TO STRIKE OUT PROCEEDINGS – challenge to two Authority determinations – whether statement of claim discloses no reasonable cause of action – parties had significant disagreements – issues cannot be resolved in a summary way – proceedings not struck out.

[2019] NZEmpC 39 Rachelle v Air New Zealand Ltd (Interlocutory Judgment of Judge K G Smith, 4 April 2019) APPLICATION TO STRIKE OUT PART OF PROCEEDING – unjustified dismissal claim not raised within 90 days – opportunity to amend statement of claim not taken – claim struck out.

[2019] NZEmpC 37 Derbie v Tranzurban Hutt Valley Ltd (Judgment of Judge B A Corkill, 3 April 2019) ENTITLEMENT TO REST BREAKS – Land Transport Rules on rest breaks considered – whether LTA rules prevail over ERA rest break provisions – regimes should apply side-by-side – whether operational issues eliminate most breaks – whether appropriate access to toilets – rest breaks are compliant with ERA.

[2019] NZEmpC 35 Elisara v Allianz New Zealand Ltd (Interlocutory Judgment of Chief Judge C Inglis, 29 March 2019) APPLICATION FOR ORDER OF SUPPLEMENTARY AFFIDAVIT –affidavit inadequate – supplementary affidavit to be filed.

[2019] NZEmpC 33 Opai v Commissioner of Police (Interlocutory Chief Judge C Inglis, 25 March 2019) APPLICATION FOR STAY OF CHALLENGE – CONSENT.