Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 150 Prasad v LSG Sky Chefs New Zealand Ltd (Judgment of the Full Court, 29 November 2017) LABOUR-HIRE AGENCY – TRIANGULAR RELATIONSHIPS - identity of employer – consideration of development of labour-hire arrangements and potential issues - s 6 analysis appropriate –formal contract a relevant factor only - test is real nature of the relationship – common law tests applied – contract of service declared.

[2017] NZEmpC 148 Crimson Consulting Ltd & Unitutor Ltd v Berry (Judgment of Judge B A Corkill on non-Publication, 23 November 2017) NON-PUBLICATION – discontinuance – permanent non-publication of commercially sensitive information and irrelevant allegations – file may not be searched without leave of a judge.

[2017] NZEmpC 146 Yu v Zespri International Ltd (Judgment of Judge B A Corkill, 17 November 2017) DISCLOSURE – general obligations considered – legal and litigation privilege where in-house counsel involved – specific rulings in Appendix.

[2017] NZEmpC 144 Chief Executive of the Ministry of Social Development v Tuilaepa (Costs Judgment of Judge K G Smith, 15 November 2017) COSTS – costs for both Court proceedings and Authority investigation – guideline scale for Court costs used classified as Category 2, Band B – Authority daily notional tariff used – Calderbank offer ineffective when the offeree was completely successful in the challenge – financial circumstances considered – Court costs $28,990 and Authority costs $11,000.

[2017] NZEmpC 142 Impulse Fishing Co Ltd v Smith (Interlocutory Judgment of Judge K G Smith, 10 November 2017) STAY OF COURT PROCEEDINGS – Authority determination so far only covered liability, not remedies - desirability to only conduct one trial for efficiency and cost saving – interests of justice to grant a stay – stay granted until Authority process is completed.

[2017] NZEmpC 140 LSG Sky Chefs Ltd v Matsuoka (Interlocutory Judgment of Judge M E Perkins, 10 November 2017) APPLICATION NOT TO READ AFFIDAVIT – APPLICATION TO CROSS-EXAMINE WITNESSES – affidavit not relevant to the issues – no grounds for cross-examination – order not to read affidavit granted – order to cross-examine witnesses declined.

[2017] NZEmpC 138 Mayston v Automotive Wholesale Ltd (Judgment of Judge J C Holden, 9 November 2017) CONSENT JUDGMENT – parties agreed to confidential settlement agreement – Authority determination replaced with terms of the settlement agreement.

[2017] NZEmpC 136 ALA v ITE (Judgment No.4 of Judge B A Corkill, 7 November 2017) COSTS JUDGMENT RECALLED – hearing fee incorrectly calculated – changed from $735 to $250.44.

[2017] NZEmpC 134 Kids Republic Playland Ltd v Lowe (Interlocutory Judgment of Judge B A Corkill, 6 November 2017) APPLICATION FOR STAY – challenge not frivolous – stay only for a short period – prospect of over-payment – application not formally opposed – stay granted

[2017] NZEmpC 132 Waikato District Health Board v Archibald (Judgment of Chief Judge Christina Inglis, 31 October 2017) UNJUSTIFIABLE DISMISSAL – whether employee entitled to severance payment when role changed to require 2 hours and 45 minutes a day of travel – arrangement was only temporary – travel was only during work hours – concerns about health and safety impacts – whether s 103(3) applies to exclude this from personal grievance procedures – insufficient consultation – travel requirements meant that the role was on less favourable terms – age of employee not to be taken into consideration – severance payment ordered in accordance with MECA – dismissal was unjustified –  compensation awards under s 123(1)(c)(i) discussed - “bands” approach created to measure appropriate compensation - $20,000 awarded for compensation.

[2017] NZEmpC 130 ALA v ITE (Oral Judgment (No 3) of Judge B A Corkill, 26 October 2017) BREACH OF COMPLIANCE ORDER – SANCTIONS – whether imprisonment appropriate – deliberate continuous and flagrant disregard of Court’s compliance orders – no steps taken to remedy the breach – need for deterrence of wilfully disobedient conduct considered – case law examined – defendant sentenced to a term of imprisonment of 21 days – committal order made under s 37(4) Corrections Act 2004 – permanent non-publication orders made – indemnity costs of $49,164 awarded.

[2017] NZEmpC 129 Phoenix Publishing Ltd v McCallum (Judgment of Judge M E Perkins, 25 October 2017) APPLICATION FOR LEAVE TO EXTEND TIME TO FILE A CHALLENGE – good faith report received – applicant failed to prosecute its application – application dismissed – defendant awarded costs of $650.

[2017] NZEmpC 126 Marryatt v Silver Ridge Group Ltd (Judgment (No 2) of Judge J C Holden, 16 October 2017) FREEZING ORDER LIFTED – evidence that first respondent without assets – no evidence of assets of second respondent being dissipated.