Cases

MW v Spiga Ltd [2024] NZEmpC 147

Acting as counsel (intervener) for the Law Association in a full Court hearing on the principles for non-publication orders in the employment jurisdiction 

Brooker v Japanese Car Parts Limited [2024] NZERA 467 

Successfully acting for employee in constructive dismissal case, with compensation for two personal grievances, lost wages, a discrete compensation award for unfair bargaining and high penalties awarded. A subsequent costs decision awarded our client more than double the standard daily tariff owing to the other party's conduct of its defence and rejection of reasonable settlement offers.

Siouxsie Wiles v The Vice Chancellor of the University of Auckland [2024] NZEmpC 123

Landmark ruling finding that the University of Auckland breached its contractual obligations and obligations of good faith towards our client, Dr Siouxsie Wiles, and upholding her personal grievance. This case is significant owing to the expansion of the meaning of "work" to encompass public commentary by an academic, and for the description of the stringent health and safety obligations which flow from that finding (which the University was found not to have complied with). 

YQO v MYN [2024] NZEmpC 152

Successful opposition to application for special leave to remove matter from Employment Relations Authority to Employment Court in the context of an alleged protected disclosure. 

Magnum Hire Limited v Parker [2024] NZEmpC 69

Successful defence of application for stay of execution of the remedies awarded to Mr Parker by the Employment Relations Authority, resulting in the need for our client to be paid all remedies straight away.

Parker v Magnum Hire Limited [2024] NZERA 231

Successful recovery of further amounts for our client including cash bonus, holiday pay, interest, above-tariff costs and psychologist's expenses, bringing the total award to our client around $310,000.

Parker v Magnum Hire Limited [2024] NZERA 85

Landmark bullying case: successful claims for a bullied employee for constructive dismissal, breach of contract and unjustified disadvantage claims with respect to health and safety breaches from bullying, and an unjustified disadvantage claim for unlawful suspension. Our client was awarded record-high compensation, lost wages, and special damages for psychologist's costs. We also successfully claimed the full cash value of a bonus unlawfully paid in goods and services (quantum yet to be determined), and a penalty for wages and time record breaches for our client.

YQO v MYN [2024] NZERA 108 

Acting for employer in successful opposition to employee's removal application, and successfully obtaining interim non-publication orders

Erceg v Yacht Finders Global Limited [2024] NZERA 140

Acting for company successfully defending constructive dismissal, bullying allegations, and other claims 

Young v Eco Pile Limited & Anor [2024] NZERA 177

Acting for a former employee in successful application for compliance orders against a company and its director

Corrigan v Prime Focus Security Ltd (in liq) [2023] NZERA 125

Successful claims for an employee in constructive dismissal, unjustified disadvantage due to unlawful suspension, numerous breaches of section 103A(3) of the Employment Relations Act, and breaches of Wages Protection Act and employment agreement; our client awarded lost remuneration, penalty and compensation

Young v Eco Pile Limited [2022] NZERA 505

Successful claim for an employee for unjustified dismissal, wage arrears and interest

Leota Lu v ChoiceKids Childcare Limited [2022] NZERA 216

Acting for employer successfully defending unjustified dismissal claim 

SHD v GLT: GLT v SHD [2022] NZERA 286

Successful resolution of employment dispute involving originating claim and counter-claim, by way of consent determination and permanent non-publication order

Shaun Hendy and Siouxsie Wiles v The Vice Chancellor of Auckland [2021] NZERA 586

Successful application for removal of case from Employment Relations Authority to Employment Court

Bennien v CareVets Hamilton Limited [2021] NZERA 433 (substantive)

Successful application for declaration of employment status, and claims for wage arrears, interest, and penalties for breaches of minimum employment standards

Bennien v CareVets Hamilton Limited [2021] NZERA 502 (costs)

Successful application for significant costs uplift owing to employer’s conduct during proceeding and rejection of reasonable settlement offer

ANZ Sky Tours v Wei [2021]  NZEmpC 67

Successful challenge in Employment Court to constructive dismissal finding owing to break in causal chain for resignation, despite breaches in relation to wages

Hurst v Hodgson [2020] NZEmpC 182/2020

Successful defence against security for costs application

Hurst v Hodgson [2020] NZEmpC 83

Successful application to file challenge out of time, largely arising from impact of Covid-19 lockdown

ANZ Sky Tours Limited v Hsu-Yin Wei [2020] NZEmpC 129

Acting as counsel in case for employer where 'contempt of court' claim was successful against former employee who was found to have blatantly interfered in a disclosure process resulting from the Court's orders

Savage v Wai Shing Limited [2019] NZEmpC 141

Acting as counsel for employee in precedent-setting Employment Court case where employer was injuncted from dismissing employee during the period of an interim reinstatement order 

Sell v IVise Solutions Limited; IVise Solutions Limited v Sell [2019] NZERA 397

Acting as counsel for company in case where large penalties awarded against employee for multiple breaches of good faith despite flaws in redundancy process

Ramkissoon v Commissioner of Police [2018] NZCA 304

Acting as counsel in the Court of Appeal for former police officer in case involving constructive dismissal and jurisdictional issues

Nel v ASB Bank Limited [2018] EmpC68

Employment Court consent orders in relation to successful resolution of longstanding litigation involving challenge to serious misconduct dismissal

Nel v ASB Bank Limited [2018] NZEmpC 59 

Application to Employment Court to exclude evidence in contested matters for longstanding litigation

Nel v ASB Bank Limited [2017] NZCA 559

Successful defence in the Court of Appeal of applications for leave to appeal discovery and strike-out issues

Nel v ASB Bank Limited [2017] NZEmpC 56 

Successful challenge to objections to discovery resulting in Employment Court ordering disclosure of Human Resources files in relation to "disparity of treatment" conduct

Stormont v Peddle Thorp Aitken Limited [2017] NZEmpC12

Successful Employment Court de novo challenge for unpaid bonus and unjustified redundancy resulting in awards of lost wages, compensation and bonus being paid, and subsequent record costs award

Ramkissoon v Commissioner of Police [2017] CA 558

Successful application for leave to Court of Appeal on specific issues of law

Warren v TR Group [2017] NZERA Auckland 336

Case involving unjustified dismissal during fixed term and breach of good faith

Labour Inspector of MBIE v Gujarat Cuisine 2012 Limited [2017] NZERA Auckland 37

Successful defence of claims brought by Labour Inspector against restaurant resulting in nil penalties

Ken Miller v Metropolitan Glass and Glazing Limited [2016] NZERA Auckland 188

Successful claim for unjustified dismissal resulting in substantial monetary awards and reinstatement to former position

Hally Labels Limited v Powell, Employment Court [2015] NZEmpC 92 15 June 2015

Successful defence of wide range of claims in the Employment Court including breach of good faith and fidelity and breach of employment agreement

Powell v Hally Labels Limited, Court of Appeal [2014] NZCA 572

Counsel in Court of Appeal successfully overturning a prior costs decision in longstanding and complex litigation spanning both the civil and employment jurisdictions