Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 139 Heather Tait v Robin and Allan Sherson t/a Silver Birch Holiday Park and Motel (Costs Judgment of Judge M E Perkins, 2 November 2016) COSTS – full indemnity costs appropriate – order for costs of $1,571.56 for Authority proceedings and $5,004.44 for challenge in the Court, in addition to previous awards.

[2016] NZEmpC 136 Xtreme Dining Limited t/a Think Steel v Leighton Dewar (Judgment of the Full Court, 31 October 2016) UNJUSTIFIABLE DISMISSAL – CAUSATION – MITIGATION – CONTRIBUTION – NON-DE NOVO – principles of mitigation considered – review of extent of contribution under s 124 – history of s 124 surveyed – not intended to allow extinguishing of remedies –50% reduction is significant – s 123 assessment may result in no remedy awarded where behaviour particularly egregious – compensation reduced from $12,000 to $10,000.

[2016] NZEmpC 135 Jason Nathan v Broadspectrum (New Zealand) Limited (Formally Transfield Services (New Zealand) Limited) (Judgment of Judge K G Smith, 28 October 2016) REINSTATEMENT – COSTS – company agreed to reinstatement but not to former position – costs had not been claimed on statement of problem – meaning of reinstatement under s 123(1)(a) clarified  – Authority wrong to accept company’s view that reinstatement should be to a different position no less advantageous – order for reinstatement to former position but in staged manner – costs do not need to be claimed to be awarded – costs of $7,000 ordered.

[2016] NZEmpC 129 Ashish Maharaj v Wesley Wellington Mission Incorporated (Judgment of Judge K G Smith, 27 October, 2016). STRIKE OUT APPLICATION - whether settlement precluded challenge- whether challenge outside limitation period -  – consideration of principles for dismissing frivolous or vexatious claim – challenge is frivolous – wage arrears previously settled – no grounds for granting extension beyond limitation period – challenge dismissed.

[2016] NZEmpC 130 The Vice Chancellor of Victoria University of Wellington v Bettina Neu (Consent Judgment of Judge K G Smith, 25 October 2016) CONSENT – full resolution of proceedings.

[2016] NZEmpC 131 A Labour Inspector of the Ministry of Business, Innovation and Employment v Taste of Egypt Limited (Costs Judgment of Judge B A Corkill, 21 October 2016) COSTS OF APPLICATION FOR FREEZING ORDER – reasoning for issuing of freezing order considered – appropriate to have applied for it – costs of $2,500 ordered.

[2016] NZEmpC 128 Vasona Networks Incorporated v Rajeev Sunder (Interlocutory Judgment of Judge K G Smith, 20 October 2016) APPLICATION TO FILE CHALLENGE OUT OF TIME –defendant has already filed challenge – cross-challenge enables all issues to be canvassed – interests of justice mean that leave granted.

[2016] NZEmpC 124 Spotless Facility Services NZ Limited v Anne Mackay (Interlocutory Judgment of Judge B A Corkill, 7 October 2016) OBJECTION TO ADMISSIBILITY OF EVIDENCE – evidence excluded which does not relate to issues on non-de novo challenge –  inadmissible paragraphs identified – defendant’s brief of evidence to be amended.

[2016] NZEmpC 122 Gary McIvor v Samir Saad trading as Pita House (Oral Judgment of Chief Judge G L Colgan, 27 September 2016) COMPLIANCE ORDER – sequestration abandoned – parties formed payment agreement – compliance order adjourned sine dine – no order for costs.

[2016] NZEmpC 120 Whanau Tahi Ltd v Dasari (Judgment of Judge M E Perkins, 20 September 2016) UNJUSTIFIED DISMISSAL – FRUSTRATION OF CONTRACT – wage arrears reimbursed from funds paid into Court – variation of work visa – employment agreement not frustrated – agreement not found to be void for illegality – Immigration Act 2009 silent on breach of provisions rendering an employment agreement illegal – contributory conduct not found – plaintiff awarded three months lost wages and $10,000 compensation – defendant entitled to costs – costs reserved.

[2016] NZEmpC 118 Briggs-Barron v Ladbrook Law Limited (Costs Judgment of Judge Christina Inglis, 14 September 2016) COSTS – costs following discontinuance of claim – discontinuing plaintiff liable for costs up to date of discontinuance – costs not deferred pending outcome of claim in the Authority – GST not included in costs order – defendant awarded costs of $2,800.

[2016] NZEmpC 115 David Savage v Capital & Coast District Health Board (Costs Judgment of Judge B A Corkill, 6 September 2016) CONSENT – costs orders made by consent.