Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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

[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.