Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2018] NZEmpC 8 Nisha v LSG Sky Chefs New Zealand Ltd (Costs Judgment (No 1) of Judge B A Corkill, 23 February 2018) COSTS IN RELATION TO MULTIPLE JUDGMENTS – LIABILITY FOR COSTS - Calderbank offers unreasonably rejected – each of 19 interlocutory judgments dealt with separately – range from small costs in favour of plaintiff to indemnity costs in favour of defendant – other costs detailed – increased costs justified – adjustment for plaintiff’s modest success - GST not allowed for – total costs to defendant more than $198, 000– question of liability - plaintiff in person to pay $10,000 - non-party funding considered– personal liability of non-party as impropriety shown – joint and several liability found – costs in Authority to be paid by plaintiff personally - $10,500; non-party personally to pay $19,164.89; funding parties to pay jointly and severally over $166,000.

[2018] NZEmpC 6 Performance Cleaners All Property Services Wellington Ltd v Chinan (Interlocutory Judgment of Judge B A Corkill, 16 February 2018) CALCULATION OF TIME  - Christmas New Year – whether statement of defence filed in time - case law surveyed – Christmas period not counted when calculating time for filing, consistent with other courts – statement of defence filed within time.

[2018] NZEmpC 4 Ioan v Scott Technology NZ Ltd t/a Rocklabs (Judgment of Judge J C Holden, 15 February 2018 NINETY-DAY TRIAL PERIOD – unjustifiable dismissal – unjustifiable disadvantage – validity of trial provision – requirement of notice – whether notice given in accordance with employment agreement – trial period valid – unjustifiable dismissal claim barred – unjustifiable disadvantage not found.

[2018] NZEmpC 2 Black v Yankee Bourbon Company Ltd (Consent Judgment of Judge B A Corkill, 2 February 2018) CONSENT – full and final settlement agreement – order prohibiting publication except for enforcement purposes.

[2017] NZEmpC 166 Sawyer v The Vice-Chancellor of Victoria University of Wellington (Judgment of Judge K G Smith, 21 December 2017) APPLICATION FOR STAY OF PROCEEDINGS – PENALTIES – penalties ordered by Authority for breach of settlement agreement – validity of agreement disputed – proceedings in Court – factors in granting stay considered – overall interests of justice favour not ordering a stay – application dismissed.

[2017] NZEmpC 164 New Zealand Public Service Assoc Te Pukenga Here Tikanga Mahi v Commissioner and Chief Executive Inland Revenue Department Te Tari Taake (Judgment of Judge B A Corkill, 21 December 2017) REPRESENTATION –whether defendant breached ss 32 and 236 when negotiating directly with individuals over restructured positions -  s 32 does not apply as issue relates to a change process, not collective bargaining – Part 6 applies, not Part 5 – s 236 breached - defendant should have dealt with union as instructed by members – good faith obligations apply – union’s challenge succeeds.