Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2018] NZEmpC 47 New Zealand Nurses Organisation v Waikato District Health Board (Judgment of the full Court, 15 May 2018) CONTRACT INTERPRETATION – eligibility for retiring gratuity – meaning of “retirement from the organisation”– history of grandparenting clause examined – must be more than moving on – intention to retire from regular paid work – challenge unsuccessful.

[2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan (Costs Judgment of Judge B A Corkill, 11 May 2018) COSTS – challenge to costs determination - jurisdiction to award costs when the matter is outside jurisdiction – costs within jurisdiction – costs of  $33,739 ordered plus disbursements.

[2018] NZEmpC 43 A Labour Inspector of the Ministry of Business, Innovation and Employment v Smiths City Group Ltd (Judgment of the Full Court, 8 May 2018) COMPLIANCE WITH MINIMUM WAGE ACT – NATURE OF ‘WORK’ – COMMISSIONS - are pre-work meetings regarded as work for purposes of Minimum Wage Act? – tests in Idea Services applied – test of whether attendance “integral” to work – meetings are work – whether commissions included as part of assessment of hourly wage – not to be included.

[2018] NZEmpC 41 Rachelle v Air New Zealand Ltd (Interlocutory Judgment of Judge K G Smith, 4 May 2018) URGENCY– STRIKE OUT- SECURITY FOR COSTS – unsatisfactory nature of pleadings – application for urgency dismissed – security for costs of $10,000 ordered – proceeding stayed pending payment or further order.

[2018] NZEmpC 39 Direct Auto Importers (NZ) Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment (Judgment of Judge M E Perkins, 3 May 2018) COSTS ON DISCONTINUANCE – relevant principles applied – costs of around $13,000 jointly and severally ordered.

[2018] NZEmpC 37 Edminstin v Sanford Ltd (Costs Judgment of Judge K G Smith, 2 May 2018) COSTS – each party claimed costs– plaintiff successful party – complex claims separated out – guideline scale applied - total costs of around $68,400 plus disbursements ordered.

[2018] NZEmpC 34 Matsuoka v LSG Sky Chefs New Zealand (Interlocutory Judgment of Judge M E Perkins, 27 April 2018) ENFORCEMENT- PARTICULAR DISCOVERY – REMOVAL OF RESTRICTIONS ON DISCOVERED DOCUMENTS AND INSPECTION – SECURITY FOR COSTS – limited discovery granted – no restrictions lifted – application for security for costs dismissed – directions for preparation for hearing given.

[2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem Skydiving (Judgment of Judge J C Holden, 16 April 2018) CHALLENGE TO COSTS DETERMINATION – EFFECT OF CALDERBANKS – increased costs sought - Calderbank offers rejected unreasonably – no information provided on financial difficulties – challenge unsuccessful - uplift of $2,000 – $9,000 costs awarded.

[2018] NZEmpC 30 Lancom Technology Ltd v Forman and ors

[2018] NZEmpC 27 Talbot Agriculture Ltd v Wate (Interlocutory Judgment of Judge K G Smith, 28 March 2018) APPLICATION FOR STAY – challenge brought in good faith – respondent willing for money to be held by Registrar – stay granted.

[2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Interlocutory Judgment of Judge K G Smith, 23 March 2018) DISCLOSURE – objection to disclosure – principles of relevance considered – actual existence of relevant documents required, not just possibility  - disclosure denied on basis of irrelevance, or lack of evidence – plaintiff can demand documents from former lawyer without disclosure being ordered – relevance not established on other categories – application dismissed.

[2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe (Judgment of Judge B A Corkill, 21 March 2018) NON-DE NOVO CHALLENGE – Authority did not err in findings of disadvantage, humiliation, credibility, bonus and partial penalty – Kiwisaver and holiday pay penalties were consequence of other breaches and did not warrant separate penalty – starting figure reduced from $30,000 to $15,000.