Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 162 New Zealand Public Service Assoc Te Pukenga Here Tikanga Mahi v Commissioner and Chief Executive Inland Revenue Department Te Tari Taake (Interim Judgment of Judge B A Corkill, 19 December 2017) RESTRUCTURING - REPRESENTATION – COLLECTIVE BARGAINING – offers made prior to initiation of bargaining – s 32 does not apply – s 236 applied considering also CEA and good faith – plaintiff dealt with employees directly when instructed to send communications to union – s 236 breached.

[2017] NZEmpC 160 Prasad v LSG Sky Chefs (New Zealand) Ltd (Interlocutory Judgment of Chief Judge Christina Inglis, 14 December 2017) APPLICATION FOR ACCESS TO COURT DOCUMENTS – Senior Court (access to Court Documents) Rules 2017 applied – considerations in rule 12 – unspecified search amounts to fishing expedition – application declined.

[2017] NZEmpC 158 Car Haulaways Ltd v First Union Inc (Interlocutory Judgment of Judge B A Corkill, 12 December 2017) STRIKE – INTERIM INJUNCTION – urgency – Pickwick hearing -  order restraining strike – notice of continuous strike not sufficient – joint purpose unlawful – overall justice favoured granting injunction.

[2017] NZEmpC 156 Coomer v JA McCallum and Son Ltd (Judgment of Judge K G Smith, 8 December 2017) COSTS – SUCCESSFUL PARTY – unjustified disadvantage claim successful at Authority – constructive dismissal claim dismissed – wages claim unsuccessful – successful party awarded costs but reduced to recognise partial lack of success – plaintiff achieved success only through lodging claim – amount reduced to reflect partial success of defendant - $4500 awarded to plaintiff.

[2017] NZEmpC 154 Sawyer v Vice-Chancellor of the Victoria University of Wellington (Interlocutory Judgment of Judge K G Smith Relating to Privilege, 7 December 2017) PRIVILEGE – WAIVER BY CONDUCT – whether waiver occurred in claiming miscommunication with lawyer over instructions – waiver case law canvassed – plaintiff had waived privilege but only in relation to specified communications.

[2017] NZEmpC 152 Performance Cleaners All Property Services Wellington Ltd v Chinan (Judgment of Judge B A Corkill, 1 December 2017) STRIKE-OUT APPLICATION – ABUSE OF PROCESS –  JURISDICTION - claim fails to meet criteria for strike-out – evidence not persuasive on abuse of process – but strike-out claim succeeds through lack of jurisdiction.

[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.