Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2018] NZEmpC 36 Quality Consumables Ltd v Hannah (Further Consent Judgment of Judge M E Perkins, 2 May 2018) CONSENT – settlement agreement with confidential terms – terms recorded in separate judgment subject to non-publication order.

[2018] NZEmpC 33 Nisha Alim v LSG Sky Chefs New Zealand Ltd (Costs Judgment (No 2) of Judge B A Corkill, 18 April 2018) COSTS – whether successful party should be awarded costs with regard to advancing of the applications –costs on costs awards may be made – costs consequences of Calderbanks extend to parties joined to litigation but not to those not involved in some hearings – hearing costs broken down -percentage costs distributed between four parties.

[2018] NZEmpC 31 Ahuja and ors v Labour Inspector MBIE

[2018] NZEmpC 28 Megan Jaffe Real Estate Ltd v Kelland (Judgment of Chief Judge Christina Inglis, 29 March 2018) APPLICATION FOR SPECIAL LEAVE TO REMOVE TO COURT – whether s 51 of Real Estate Agents Act 2008 applies to exclude further enquiry into employment status – status of two agreements signed  - no question of law in meaning of “salesperson” - determination of the case will turn on facts, not law – inevitability of challenge and damage to reputation not grounds for removal - application declined.

[2018] NZEmpC 26 A Labour Inspector v Victoria 88 Ltd t/a Watershed Bar and Restaurant (Judgment of Judge B A Corkill, 26 March 2018) BREACH OF MINIMUM ENTITLEMENTS – PENALTIES – BANNING ORDER – consent of parties to orders – history of multiple proceedings surveyed – some mitigating factors - banning orders made – pecuniary penalties of $20,000 ordered, part to be paid to named individuals

[2018] NZEmpC 24 Aslam v Transportation Auckland Corp Ltd (Costs Judgment of Judge J C Holden, 23 March 2018) COSTS – costs reasonable – not awarded for period of legal aid – no evidence provided on ability to pay – costs of $14,228 ordered.

[2018] NZEmpC 23 Propellor Property Investments Ltd v Elsegood (interlocutory Judgment of Judge J C Holden, 20 March 2018) APPLICATION FOR STAY – application for stay of execution of Authority’s orders granted on condition that those sums are paid into Court – challenge stayed until monies paid in.

[2018] NZEmpC 20 Smith v Director General of the Ministry for Primary Industries (Judgment of Judge K G Smith, 16 March 2018) UNJUSTIFIED DISMISSAL – DISPARITY – relevant case law considered – dismissal process not unfair – no disparity of process or outcome – mitigating factors not present – decision to dismiss fair and reasonable.

[2018] NZEmpC 18 Johnston v The Fletcher Construction Co Ltd (Costs Judgment of Chief Judge Christina Inglis, 14 March 2018) COSTS – INDEMNITY COSTS – relevant principles considered – indemnity costs not appropriate – costs of $16,000 + GST awarded.

[2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd (Judgment of Judge K G Smith, 12 March 2018) BREACH OF COMPLIANCE ORDER – FINE – reinstatement – plaintiff rostered on training course prior to resuming active duties – technical breach of compliance order found – fine inappropriate.

[2018] NZEmpC 14 Hayashi v SkyCity Management Ltd (Judgment of Judge M E Perkins, 9 March 2018) UNJUSTIFIED DISMISSAL – principles summarised – plaintiff acting in interests of employer – no reduction of remedies for contribution – reinstatement ordered – compensation of $25,000 – other monetary entitlements ordered.

[2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd (Interlocutory Judgment of Judge J C Holden, 5 March 2018) APPLICATION FOR SECURITY FOR COSTS – security for costs of $4,500 ordered – proceedings stayed til payment made or further order of the Court.

[2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald (Interlocutory Judgment of Judge J C Holden, 1 March 2018) APPLICATION FOR STAY OF EXECUTION AND SECURITY FOR COSTS – no legitimate basis for stay – application for stay dismissed – security for costs of $7,500 ordered.