Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2024] NZEmpC 103 Carrington Resort Jade LP v Maheno (Interlocutory Judgment of Judge M S King, 13 June 2024) APPLICATION FOR STAY – no jurisdiction or basis for a stay – APPLICATION FOR SECURITY FOR COSTS – concern that costs would not be able to be paid – security for costs ordered – GOOD FAITH REPORT – plaintiff failed to participate in Authority investigation – parameters of de novo challenge restricted.

[2024] NZEmpC 101 Auckland One Rail Ltd v Rail and Maritime Transport Union (Interlocutory Judgment of Judge K G Smith, 12 June 2024) APPLICATION FOR INTERIM INJUNCTION – strike notice given – arguable but weak claim that strike notice was not valid – balance of convenience points against interim injunction – application dismissed.  

[2024] NZEmpC 98 Crichton v Dig & Tip Earthworks Ltd (Judgment of Judge J C Holden, 7 June 2024) APPLICATION FOR COMPLIANCE ORDER – record of settlement was not complied with – order made for sums to be paid – costs awarded – interest awarded.

[2024] NZEmpC 94 Pride v Barker (Costs Judgment of Judge M S King, 4 June 2024) COSTS – proceedings were discontinued – plaintiff was self-represented and had no legal training – correctly discontinued case at an early stage – modest costs award.

[2024] NZEmpC 93 Television New Zealand Ltd v E Tū Incorporated (Judgment of Chief Judge Inglis, 31 May 2024) Catchwords: INTERPRETATION OF COLLECTIVE AGREEMENT – REDUNDANCY – collective agreement requires participation with union members beyond normal good faith consultation – employer did not comply with requirement to involve union members at developmental stage of decision making process – compliance order is appropriate in the circumstances – compliance order made.

[2024] NZEmpC 90 Pacific Insulation Ltd v Lagera & Anor (Interlocutory Judgment of Judge J C Holden 27 May 2024) APPLICATION TO VARY FREEZING ORDERS – varied by consent.

[2024] NZEmpC 88 Henderson Travels Ltd (in liq) v Kaur (Interlocutory Judgment (No 3) of Judge K G Smith, 24 May 2024) APPLICATION TO JOIN PARTY FOR COSTS PURPOSES – company director promised related company could be liable for costs – related company joined for costs.

[2024] NZEmpC 85 Pacific Insulation Ltd v Lagera & Anor (Reasons judgment of Judge JC Holden 21 May 2024) APPLICATION FOR FREEZING AND ANCILLARY ORDERS – good arguable case based on steps the respondents have taken to divert business from the applicant – assets within New Zealand – real risk that assets will be dissipated or moved overseas – balance of convenience and interests of justice favour orders being made – appropriate to accord application urgency and to proceed without notice – application granted.

[2024] NZEmpC 86 Chief of the New Zealand Defence Force v YFX (Consent Judgment of Judge B A Corkill, 21 May 2024) CONSENT.

[2024] NZEmpC 82 Pacific Insulation Ltd v Lagera & Anor (Judgment of Judge J C Holden 17 May 2024) FREEZING ORDERS – ANCILLARY ORDERS – freezing and ancillary orders granted on an urgent and without notice basis – reasons to follow

[2024] NZEmpC 80 Glenfield College Board of Trustees v Anderson (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 16 May 2024) APPLICATIONS TO JOIN PARTIES - parties are affected by interpretation of clause - applications not opposed - applications granted.

[2024] NZEmpC 78 Manuka Health New Zealand Ltd v Kalic (Interlocutory Judgment of Judge K G Smith, 15 May 2024) APPLICATION FOR INTERIM INJUNCTION – reasonable chance of success in judicial review – application granted.