Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2023] NZEmpC 99 Speed v Board of Trustees of Wellington Girls College (Judgment of Judge K G Smith, 23 June 2023) APPLICATIONS FOR NON-PUBLICATION AND TAKE-DOWN ORDERS - Court has jurisdiction to make retrospective non-publication or anonymisation orders - insufficient basis for non-publication or anonymisation orders to be made - Court does not have jurisdiction in the circumstances to make take-down orders - applications declined.

[2023] NZEmpC 97 Wilson-Grange Investments T/A The Grange Bar and Restaurant (Costs Judgment of Chief Judge Christina Inglis, 22 June 2023) COSTS – GUIDELINE SCALE – costs awarded.

[2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority (Costs Judgment of Judge B A Corkill, 21 June 2023) COSTS – case had important economic and human rights implications – rejecting the Calderbank offer may have been reasonable in the circumstances – costs to lie where they fall – COSTS IN THE AUTHORITY – costs awarded with no uplift.

[2023] NZEmpC 93 Halse v Employment Relations Authority (Interlocutory Judgment (No 3) of Judge Kathryn Beck, 20 June 2023) APPLICATION FOR LEAVE TO FILE FURTHER SUBMISSIONS – no exceptional circumstances justifying application – application declined.

[2023] NZEmpC 91 Hilford v Board of Trustees of Whangarei Boys’ High School (Costs Judgment of Judge B A Corkill, 19 June 2023) COSTS – GUIDELINE SCALE – costs reduced for party conduct.

[2023] NZEmpC 89 A Labour Inspector of the Ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant (Judgment of Judge J C Holden, 16 June 2023) MINIMUM ENTITLEMENTS – SERIOUS BREACH – ARREARS – declarations of serious breach made against two employers for breaches of minimum entitlements in relation to seven employees – employees not paid minimum wage – employees not paid holiday pay – WAGES PROTECTION ACT – DEDUCTIONS – PREMIUMS – unlawful deductions made from employees pay – deductions relying on general deductions clause require prior consultation – deductions for failing to provide notice period unlawful and unreasonable – employees required to pay premiums – premiums are unlawful even if not paid to employer directly – DEFINITION OF EMPLOYEE – DEFINITION OF VOLUNTEER – definition of volunteer requires individual to be a volunteer as well as not expecting or receiving reward – parties cannot contract out of minimum sta…

[2023] NZEmpC 87 Riddler v Meridian Energy Ltd (Judgment of Judge K G Smith, 13 June 2023) APPLICATION TO STRIKE OUT PROCEEDING – employee cannot pursue a personal grievance claim against a “controlling third party” without also pursuing a grievance against their direct employer – personal grievance with employer was settled comprehensively – no jurisdiction against controlling third party – application granted.

[2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd (Interlocutory Judgment of Judge J C Holden, 9 June 2023) APPLICATION FOR SECURITY FOR COSTS - evidence of likely inability to pay costs is dated and position has now changed – application declined.

[2023] NZEmpC 83 Carrington Resort Jade LP v Knight (Interlocutory Judgment of Judge K G Smith, 6 June 2023) APPLICATION FOR STAY OF PROCEEDINGS – no grounds established to justify stay – application declined.

[2023] NZEmpC 81 Carrington Resort Jade LP v Roy (Interlocutory Judgment of Judge J C Holden, 2 June 2023) APPLICATION FOR STAY – no basis for a stay – application declined.

[2023] NZEmpC 79 New Zealand Qualifications Authority v Hickey (Costs Judgment of Judge K G Smith, 30 May 2023) COSTS – LEGAL AID – employee was in receipt of legal aid throughout both Authority and Court proceedings – employee was protected from costs order under Legal Services Act 2011, s 45(2) – no costs awarded.

[2023] NZEmpC 77 Halse v Hamilton City Council (Interlocutory Judgment of Judge J C Holden, 26 May 2023) APPLICATION FOR JUDGMENT BY DEFAULT – APPLICATION FOR STRIKE OUT – no reasonable grounds for judgment by default – application struck out.