Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees (Judgment of Judge M E Perkins, 9 July 2018) UNJUSTIFIABLE DISMISSAL – BULLYING – defendant admitted dismissal was substantively and procedurally unjustified during hearing – defendant reconstituted disciplinary committee to revisit behavioural issues and elevate outcome from final warning to dismissal – actions not what a fair and reasonable employer could have done – bullying claim not raised in time and not established – reinstatement inappropriate – lost income reimbursed - $25,000 compensation ordered.

[2018] NZEmpC 73 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc (Judgment of Chief judge Christina Inglis, 28 June 2018) LEAVE TO REMOVE – whether piece work rates include rest breaks – not previously decided – removal granted.

[2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Judgment of Judge K G Smith, 22 June 2018) PRELIMINARY ISSUE: RECORD OF SETTLEMENT – whether settlement agreement final, binding and enforceable – whether record of settlement signed under duress – consideration of law on duress – duress not found on evidence – other allegations not supported by evidence – plaintiff took legal advice throughout - no illegality – authority of employer’s representative to sign not an issue – settlement agreement final, binding and enforceable.

[2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd (Judgment of Judge M E Perkins, 21 June 2018) APPORTIONMENT OF PENALTY FOR BREACH OF EMPLOYMENT STANDARDS – FACTORS TO BE CONSIDERED – these questions referred by Authority under s 177 – where penalty against employer for breach of employment standards, and against person involved –questions of law  – comparison with other Acts –  deterrence a major factor - actions of employer and actions of person involved are considered separately – no formulaic answer - fairness and justice to be considered – discretion to be exercised based on facts in each case.

[2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc. (Reasons for Oral Judgment of Judge B A Corkill, 12 June 2018) APPLICATION FOR INTERIM INJUNCTION – JURISDICTION – PICKETING – difference between picketing and strike – distinguished in statute – history of s 99 considered  - inherently unlikely Parliament intended total ban on tortious proceedings in the case of picketing- tort of trespass established – other torts not established – health and safety issues – balanced with right to free speech and assembly – interim injunction granted.

[2018] NZEmpC 65 Wendco (NZ) Ltd v Unite Inc. (Oral Judgment of Judge B A Corkill, 8 June 2018) APPLICATION FOR INTERIM INJUNCTION – claim not statute-barred by s 99(3) – threat of picketing exists – tort of trespass made out – health and safety issues – interim injunction granted to prevent picketing on Wendco private property – condition that Wendco provide description of its private property with respect to its 23 restaurants.

[2018] NZEmpC 60 FGH v RST (Judgment of Judge B A Corkill, 1 June 2018) UNJUSTIFIED DISADVANTAGE – HEALTH AND SAFETY – BULLYING – plaintiff subject to performance management processes - bullying considered – not found – performance management and extended disciplinary processes used to address performance when underlying health issues  were known – employer failed to comply with obligations to  maintain safe and healthy workplace – three of eight causes of action upheld.

[2018] NZEmpC 62 Talbot Agriculture Ltd v Wate (Interlocutory Judgment (No 3) of Judge K G Smith, 1 June 2018) APPLICATION FOR ADJOURNMENT – dismissed – evidence may be filed orally at hearing.

[2018] NZEmpC 59 Nel v ASB Bank Ltd (Interlocutory Judgment (No 3) of Judge B A Corkill, 31 May 2018) APPLICATION TO EXCLUDE EVIDENCE – APPLICATION TO AMEND STATEMENT OF DEFENCE -  whether certain evidence irrelevant or inadmissible – information obtained subsequent to dismissal – relevant - allowed – leave granted to amend statement of defence – some parts subject to non-publication orders.

[2018] NZEmpC 57 Nicholson v Ford (Interlocutory Judgment (No 2) of Chief Judge Christina Inglis, 30 May 2018) APPLICATION FOR S 181 GOOD FAITH REPORT – liquidation of company before Authority investigation – whether this shows lack of good faith – company director subject of proceedings at Authority – no evidence supporting need for good faith report.

[2018] NZEmpC 55 TUV v WXY (Consent Interlocutory Judgment of Chief Judge Christina Inglis, 25 May 2018) CONSENT – APPLICATION FOR STAY – Authority determination stayed by consent – security for costs in the Authority paid into Court.

[2018] NZEmpC 53 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment (Costs Judgment of Judge M E Perkins, 22 May 2018) COSTS – Authority’s own motion investigation – no award of costs.