Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 239 Butt v Attorney-General (Costs Judgment of Judge Kathryn Beck, 23 December 2022) COSTS – GUIDELINE SCALE – no circumstances to justify uplift – costs awarded.

[2022] NZEmpC 238 Annex Group Ltd v Alfiorovas (Consent Judgment of Judge Kathryn Beck, 19 December 2022) CONSENT.

[2022] NZEmpC 236 TPT Forests Ltd v Penfold (Interlocutory Judgment of Judge J C Holden, 19 November 2022) CHALLENGE TO OBJECTION TO DISCLOSURE - parties reached agreement on majority of documents - public interest privilege and common interest privilege are inapplicable - "without prejudice" communications should not be disclosed - other documents to be disclosed.

[2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre (Judgment of Judge Kathryn Beck, 15 December 2022) PENALTIES – QUANTUM OF PENALTIES – numerous breaches by multiple companies against multiple employees – total of $1.5m awarded in penalties – banning orders made.

[2022] NZEmpC 231 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand (Interlocutory Judgment of Judge B A Corkill, 13 December 2022) APPLICATION FOR LEAVE TO APPEAR AS INTERVENER – application not opposed – applicant is justly entitled to be heard – application granted.

[2022] NZEmpC 229 AlKazaz v Deloitte (No. 3) Ltd (Costs Judgment of Judge Kathryn Beck, 9 December 2022) COSTS – GUIDELINE SCALE – no basis for reduction – small uplift granted because of pursuing issues that had been determined.

[2022] NZEmpC 227 Chen v WNY Group Ltd (Judgment of Judge Kathryn Beck, 8 December 2022) NATURE OF EMPLOYMENT – whether plaintiff was an employee – plaintiff was not required to and did not undertake any work – payments made by defendant of unclear purpose – judgment to be referred to Department of Internal Affairs – plaintiff was not an employee.

[2022] NZEmpC 224 AlKazaz v Enterprise IT LTD (Costs Judgment of Chief Judge Christina Inglis, 7 December 2022) COSTS – GUIDELINE SCALE – costs awarded.

[2022] NZEmpC 222 Gumbeze v The Chief Executive of Oranga Tamariki – Ministry for Children (Judgment of Judge K G Smith, 5 December 2022) APPLICATION FOR EXTENSION OF TIME TO FILE CHALLENGE – delay was brief and adequately explained – no prejudice to respondent if application was granted – application granted.

[2022] NZEmpC 219 Hynds Pipe Systems Ltd v Cheng (Oral Judgment of Judge K G Smith, 1 December 2022) SEARCH ORDER – search order concluded – further orders made by consent.

[2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand (Interlocutory Judgment of Judge B A Corkill, 30 November 2022) APPLICATION FOR A REPRESENTATION ORDER – unions have standing and are entitled to represent their members – union members have common interest – representation order made – DISCLOSURE – notice of disclosure restricted.

[2022] NZEmpC 216 Caisteal An Ime Ltd v Faithfull (Judgment of Judge K G Smith, 30 November 2022) PERSONAL GRIEVANCE - UNJUSTIFIABLE DISMISSAL - employee was permanent part-time, not casual - employee did not resign but was constructively dismissed - no justification for dismissal - Authority had miscalculated lost wages - remedies for lost wage reduced - challenge otherwise dismissed.

[2022] NZEmpC 214 Yu v Joe and Zhou Ltd (Consent Judgment of Judge K G Smith, 29 November 2022) CONSENT.