Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2022] NZEmpC 90 Yakka Contracting Ltd v Naicker (Consent Judgment (No 3) of Judge Kathryn Beck, 24 May 2022) CONSENT – parties reached settlement. 

[2022] NZEmpC 88 ABC v DEF (Costs Judgment of Judge B A Corkill, 24 May 2022) COSTS – TEST CASE – FINANCIAL CAPACITY – costs granted – not a test case because not sufficiently novel issue – costs decreased because of plaintiff’s financial capacity.

[2022] NZEmpC 86 Tupe v The Board of Trustees of Te Manawa o Tuhoe Trust (Interlocutory Judgment of Judge J C Holden, 19 May 2022) APPLICATION FOR INTERIM REINSTATEMENT - employer concedes that dismissal was unjustifiable - arguable case made for permanent reinstatement - balance of convenience and interests of justice point away from interim reinstatement - application declined.

[2022] NZEmpC 83 Pilgrim v Attorney-General (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 18 May 2022) APPLICATION FOR CONSEQUENTIAL ORDERS – application granted. 

[2022] NZEmpC 82 Halse v Employment Relations Authority (Interlocutory Judgment of Judge J C Holden, 17 May 2022) APPLICATION FOR RECUSAL – no grounds for recusal – application declined.

[2022] NZEmpC 80 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre (Interlocutory Judgment (No 4) of Judge Kathryn Beck, 16 May 2022) APPLICATION FOR ACCESS TO COURT DOCUMENTS – NZ Police – Liquor Licensing - breaches of employment standards are relevant to assessment of liquor license suitability - access to documents granted.

[2022] NZEmpC 78 Vulcan Steel Ltd v Manufacturing & Construction Workers Union (Judgment of the Full Court, 11 May 2022) INTERPRETATION OF COLLECTIVE AGREEMENT - IMPLICATION OF TERM - DRUG TESTING - whether term should be implied to allow employer to select method of drug testing - parties cannot be understood to have agreed on the correct approach - term sought is not so obvious it goes without saying - implication of term is not appropriate.

[2022] NZEmpC 76 New Zealand Qualifications Authority v Hickey (Judgment of Judge K G Smith, 10 May 2022) DE NOVO CHALLENGE – interim reinstatement – s 66 Employment Relations Act 2000 – fixed term agreement – weakly arguable case – balance of convenience and overall interests of justice favour NZQA – challenge allowed. 

[2022] NZEmpC 75 Tranzurban Hutt Valley Ltd v New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc (Judgment of Judge B A Corkill, 9 May 2022) REST AND MEAL BREAKS – Employment Relations Act 2000, pt 6D – work period – split shifts – work period is question of fact – whether distinct shifts worked are separate work periods is to be calculated by reference to actual hours an employee is required to perform work duties which include authorised rest and meal breaks in that period and in light of what has been expressly agreed by parties – bus drivers. 

[2022] NZEmpC 72 Lawton v Steel Pencil Holdings Ltd (in liq) (Interlocutory Judgment of Judge J C Holden, 3 May 2022) OBJECTION TO ADMISSIBILITY OF EVIDENCE – without prejudice save as to costs offer referred to a previous without prejudice discussion – equity and good conscience requires offer to be before the Court in the context of the application for costs – redactions made – objection otherwise declined.

[2022] NZEmpC 71 GF v Comptroller of the New Zealand Customs Service (Interlocutory Judgment (No 5) of Chief Judge Christina Inglis, 2 May 2022) APPLICATION FOR JOINDER – Official Assignee’s presence may be necessary to enable Court to adjudicate on all questions involved in the proceeding – Official Assignee joined as second defendant – application granted.

[2022] NZEmpC 69 Alkazaz v Enterprise IT Ltd (Costs Judgment of Chief Judge Christina Inglis, 22 April 2022) COSTS – proportionality points away from use of the guideline scale – costs awarded.