Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2018] NZEmpC 99 P v A (Interlocutory Judgment (No 3) of Judge M E Perkins, 22 August 2018) APPLICATION FOR ORDERS PROHIBITING PUBLICATION – consent by parties as term of settlement agreement – discretion of the Court – plaintiff will not have opportunity to argue accuracy of determinations – granted.

[2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd (Interlocutory Judgment of Judge K G Smith, 16 August 2018) SECURITY FOR COSTS – employee resides in the US with no property in New Zealand – whether Court should exercise discretion not to award security for costs – company in more vulnerable position financially than employee – employee position arguable on the merits, but not strongly arguable – order for security made – Court scale used to estimate extent of security required - $18,509 to be paid as security for costs.

[2018] NZEmpC 95 Tourism Holdings Ltd v A Labour Inspector (Judgment of Judge K G Smith, 14 August 2018) SPECIAL LEAVE TO REMOVE PROCEEDINGS – daily rate plus commission – how to calculate holiday pay – removal granted.

[2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc (Interlocutory Judgment (No 2) of Judge B A Corkill, 13 August 2018) ADMISSIBILITY OF EVIDENCE – communications during facilitation – purpose of s 50F – s 50F not absolute – whether party can lead evidence about its own position in facilitation – whether evidence prejudicial and of probative value.

[2018] NZEmpC 92 Ovation v NZ Meat Workers & Related Trades Union (Interlocutory Judgment of Judge B A Corkill, 10 August 2018) APPLICATION FOR FURTHER AND BETTER PARTICULARS – payment for rest breaks – road map required to avoid trial by ambush – application granted.

[2018] NZEmpC 90 Industrial Equipment Distributors Lifting Centre Ltd v Scouller (Interlocutory Judgment of Judge B A Corkill, 7 August 2018) DISCLOSURE – use of confidential information – commercially sensitive documents of third party – public interest not made out– documents relevant and should be produced with undertakings as to confidentiality.

[2018] NZEmpC 87 Jacks Hardware and Timber Ltd v First Union Inc (Interlocutory Judgment of Judge K G Smith, 1 August 2018) APPLICATION FOR STAY – collective bargaining – fixing of conditions under s 50J – stay principles considered – stay granted.

[2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc (Interlocutory Judgment (No 2) of Judge K G Smith, 26 July 2018) ADMISSIBILITY OF EVIDENCE – wide-sweeping evidence of circumstances and environment not automatically included – some limits – irrelevant and prejudicial evidence excluded.

[2018] NZEmpC 83 Kaikorai Service Centre Ltd v First Union Inc (Interlocutory Judgment of Judge K G Smith, 23 July 2018) DISCLOSURE – document related to bargaining – public interest considered – legal privilege does not apply to advocates

[2018] NZEmpC 81 Wood v NZ Cupolex Ltd (Judgment of Judge B A Corkill, 18 July 2018) TENURE BONUS – Non-de novo principles summarised - Authority decided tenure bonus was already paid – factual errors in Determination – tenure bonus to be paid with interest under Interest on Money Claims Act 2016.

[2018] NZEmpC 79 Hines v Eastland Port Ltd (Judgment of Judge J C Holden, 16 July 2018) UNJUSTIFIED DISMISSAL FOR SERIOUS MISCONDUCT – Maritime Transport Act 1994 and Maritime Rules – ship without a “pilot” -  employee put under supervision by other employee – whether acting on an honest but mistaken belief is misconduct – employee was employed for expertise and should have understood obligations – open to find serious misconduct –investigation sufficient – defects in the process were inconsequential – no unfairness in the investigation –no unjustified dismissal - ordering supervision by other employee a minor breach – no unjustified disadvantages – whether employer should indemnify employee’s costs – no remedies awarded.

[2018] NZEmpC 77 Jones v Downer NZ Ltd (Judgment of Judge K G Smith, 12 July 2018) CONSTRUCTIVE DISMISSAL – UNJUSTIFIED DISADVANTAGE – bullying - dispute about roster – whether enough consultation about changing the roster – health and safety breaches - threatening messages from employee to fellow employee – suspension – performance and misconduct issues