Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 111 Maritime Union of New Zealand Inc v The China Navigation Company Pte Limited (Reasons for Judgment of Chief Judge G L Colgan, 29 August 2016) COLLECTIVE BARGAINING – LOCKOUT – offers of employment not on a take-it-or-leave-it basis – s 63A(2) complied with – s 82 definition of employee and employer includes prospective employees and employers –  s 82(1)(a)(iv) precondition not met – offer of employment on individual employment agreement does not constitute a lockout – two or more employees necessary for an effective collective agreement – two or more employees not necessary for initiation of collective bargaining – offer of employment transfer does not constitute current employee – collective bargaining initiated lawfully.

[2016] NZEmpC 109 Dotcom v Orduna (Interlocutory Judgment of Chief Judge G L Colgan, 26 August 2016) DISCLOSURE – application for disclosure of other staff employment agreements too wide – other staff time and wage records relevant – disclosure of documents considered relevant business records not oppressive – objection to production by reference to Privacy Act ill-founded – financial documents irrelevant – PAYE records relevant – disclosure of job descriptions ordered – disclosure of wage and time records ordered – disclosure of PAYE documents ordered.

Angela Watson v Capital and Coast District Health Board [2016] NZEmpC 107 (Interlocutory Judgment of Judge B A Corkill) ADMISSIBILITY – DISCLOSURE – whether location of parties during mediation is admissible – purposive interpretation of s 148 – context of mediation considered – evidence inadmissible – disclosure sought on work records, diary notes and medical records – relevance and confidentiality – disclosure ordered on listed documents and records.

Caffe Coffee (NZ) Ltd v Sune Farrimond [2016] NZEmpC 105 (Costs Judgment of Judge B A Corkill) COSTS – principles applied – Court’s Guideline Scale – Calderbank offers – claim for disbursements – contribution to costs and disbursements in the Authority and Court ordered.

Richard Lewis (Labour Inspector) v Silver Fern Farms Limited [2016] NZEmpC 103 (Judgment of Judge K G Smith) HOLIDAYS ACT – whether Labour Day was a public holiday or ‘otherwise working day’ – Labour Inspector investigation – consideration of s 12(3) – collective agreement did not provide for ‘pre-op’ cleaning – pattern of working days not established – challenge dismissed.

[2016] NZEmpC 102 Shane Andrew Mercer v Robert Lester McIntyre (Costs Judgment of Judge Christina Inglis, 18 August 2016) COSTS – plaintiff accepted contribution to costs appropriate – costs quantum assessed by analogy to High Court scale – no reduction of costs for alleged aggravating conduct – costs of $10,700 awarded.

[2016] NZEmpC 99 Auckland International Airport Limited v Tere Kimiangatau, ASB Bank Limited & Westpac New Zealand Limited (Judgment of Chief Judge G L Colgan, 11 August 2016) FREEZING ORDERS – amendment of freezing order.

[2016] NZEmpC 97 Warren Banks v Hockey Manawatu Incorporated (Costs Judgment of Judge Corkill, 5 August) COSTS – principles considered – costs in the Authority should follow the event, based on notional daily rate – costs in the Court considered, including scale assessments and legal charges – Calderbank offers considered and principles applied – conduct of parties factored into costs assessment – allowance for GST – Court disbursements considered – defendant’s financial circumstances considered – total of $123,034.10 awarded.

[2016] NZEmpC 95 Fredrick Pretorius v Marra Construction (2004) Limited (Judgment of Judge B A Corkill, 2 August 2016) TIME LIMITATION – principles considered – whether an agreement for overtime or bonus payments existed – quantum meruit claims considered and principles applied – claims under the Minimum Wage Act 1983 and Holidays Act 1993 not statute barred.

[2016] NZEmpC 93 Radius Residential Care Limited v The New Zealand Nurses Organisation Inc (Interlocutory Judgment (No 2) of Judge M E Perkins, 28 July 2016) DISCLOSURE – COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION – objection to production for inspection valid – directions given accordingly.

[2016] NZEmpC 91 Deepak Khurana v Surender Singh (Interlocutory Judgment of Judge M E Perkins, 20 July 2016) SECURITY FOR COSTS – whether security for costs appropriate – principles considered – application dismissed.

[2016] NZEmpC 89 New Zealand Nurses Organisation v Waikato District Health Board (Judgment of Chief Judge G L Colgan, 12 July 2016) APPLICATION FOR RECALL/REHEARING – initial judgment dealt with individual case but not with independent challenge by organisation as to broader meaning of  collective agreement’s phrase “retiring from the organisation” – case law on recall and rehearing considered – grounds exist for rehearing of part of case –rehearing granted - questions for rehearing suggested.