Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2021] NZEmpC 47 Pan v Juyi International Ltd (Interlocutory Judgment of Judge B A Corkill, 19 April 2021) APPLICATION FOR EXTENSION OF TIME TO FILE A STATEMENT OF DEFENCE – statement of defence was one day late – application granted.

[2021] NZEmpC 45 Senate Investment Trust Through Crown Lease Trustees Ltdv Cooper (Judgment of Judge Kathryn Beck, 14 April 2021) UNJUSTIFIABLE DISMISSAL – TRIAL PERIOD – employee began work without signing employment agreement – agreement did not contain advice of entitlement to seek independent advice – agreement’s notice period was not complied with – trial period could not be validly enforced – dismissal was unjustifiable.

[2021] NZEmpC 43 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 8) of Chief Judge Christina Inglis, 31 March 2021) APPLICATION TO STRIKE OUT COUNSEL FOR DEFENDANT –  no basis for strike out – application declined - APPLICATION TO STRIKE OUT APPLICATION FOR STRIKE OUT – application was denied rather than struck out - APPLICATION FOR FURTHER SECURITY FOR COSTS – proceedings becoming increasingly complex – further security ordered.

[2021] NZEmpC 41 QDA v EKD (Interlocutory Judgment of Judge B A Corkill, 31 March 2021) APPLICATION FOR VARIATION OF ORDER OF STAY – no evidence for use of funds or ability to repay them – application declined.

[2021] NZEmpC 39 TPT Forests Ltd v Penfold (Judgment of Judge J C Holden, 31 March 2021) APPLICATION FOR LEAVE TO SET ASIDE SEARCH ORDER – wrong party named on order – name was of related company – search order already executed – application declined - APPLICATION TO JOIN PARTY – related party joined - APPLICATION FOR INTERIM NON-PUBLICATION ORDER – no specific adverse consequences would result from publication – application declined.

[2021] NZEmpC 37 XJZ v PCX (in liq) (Consent Judgment of Judge K G Smith, 26 March 2021) CONSENT.

[2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force (Judgment of the full Court, 24 March 2021) JURISDICTION – place of employment was Washington DC – agreement provided for US law to apply but imported concepts from New Zealand employment law – employee was not part of the Civil Staff  under the Defence Act – US law applies to agreement but with consideration of Employment Relations Act 2000 – Authority has jurisdiction to hear the case – New Zealand is the appropriate forum for the dispute.

[2021] NZEmpC 33 Saipe v Bethell (Judgment of Judge J C Holden, 22 March 2021) PERSONAL GRIEVANCE – LIMITATION PERIOD – personal grievance was raised within 90 days – statement of problem was not filed in the Authority within three years – personal grievance cannot be pursued – personal grievance claim for unjustifiable dismissal would have otherwise succeeded – no basis for wage arrears claim.

[2021] NZEmpC 31 A Labour Inspector of the ministry of Business, Innovation and Employment v Prisha’s Hospitality (2017) Ltd T/A Cambridge Indian Restaurant (Judgment of Judge J C Holden, 18 March 2021) CHALLENGE TO OBJECTION TO DISCLOSURE – further documents sought from Labour Inspector – all relevant documents were provided.

[2021] NZEmpC 29 Gestro v Relph (Interlocutory Judgment of Judge B A Corkill, 17 March 2021) ADMISSIBILITY OF EVIDENCE – whether emails were privileged – some emails refer to settlement proposals and are privileged – emails may be defamatory but not sufficiently so to amount to serious impropriety.

[2021] NZEmpC 27 Allison v Ceres New Zealand LLC (Interlocutory Judgment of Judge K G Smith, 12 March 2021) APPLICATION FOR EVIDENCE TO BE HEARD BY AUDIO-VISUAL LINK – travel difficulties - application not opposed – application granted.

[2021] NZEmpC 25 Smiths City (Southern) Ltd (in receivership) v Claxton (Judgment of Judge K G Smith, 12 March 2021) APPLICATION FOR STAY – restraints of trade were assigned to related company – assignment was lawful because of close connection between companies – plaintiff did not disclose litigation funding – not an abuse of process – application dismissed -  APPLICATION FOR SECURITY FOR COSTS – deed of guarantee and indemnity provided.

[2021] NZEmpC 23 O’Boyle v McCue (Costs Judgment of Judge B A Corkill, 9 March 2021) COSTS – whether uplift is appropriate – Calderbank not taken into account because it was directed only to Authority investigation – issue of unpaid entitlements required significant attendances – costs increased by $4,000.