Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 104 Nathan v Broadspectrum (NZ) Ltd (formerly Transfield Services (NZ) Ltd (Judgment of Judge Smith, 25 August 2017) APPLICATION FOR STAY – competency assessments after reinstatement ordered – health and safety issues – impact on third parties – jurisdiction to grant a stay discussed – principles of granting a stay discussed. 

[2017] NZEmpC 100 Lyttelton Port Co Ltd v Arthurs (Interlocutory Judgment of Judge K G Smith, 21 August 2017) APPLICATIONS FOR STRIKE-OUT, DISCLOSURE – application to strike out affirmative defence of discrimination – withdrawn by agreement – disclosure sought to support disparity argument does not exist – application dismissed.

[2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd (Judgment of Chief Judge Christina Inglis, 17 August 2017) UNJUSTIFIED DISMISSAL – non-de-novo hearing principles discussed – admissibility of evidence – dismissal or resignation – compensation for loss of a benefit – $16,500 compensation for hurt and humiliation – mitigation for lost remuneration discussed – three months’ lost wages awarded.

[2017] NZEmpC 98 Farmer Motor Group Ltd v McKenzie (Judgment of Judge M E Perkins, 15 August 2017) 90-DAY TRIAL PERIOD – whether notice provisions were complied with – relevant legislation examined – case law considered – payment in lieu of notice not a valid substitute for written notice – challenge dismissed.

[2017] NZEmpC 96 Nisha v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment (No 23) of Judge B A Corkill, 4 August 2017)DISCOVERY- JOINDER – STRIKE-OUT – seeking documents on costs, funding and authorisation to file affidavits – application dismissed with reasons – strike-out application – adjourned for further submissions – application for joinder – set for telephone hearing.

[2017] NZEmpC 94 Crimson Consulting Ltd v Berry (Judgment of Judge Corkill, 3 August 2017 (but publicised 29 August 2017) NON-PUBLICATION -  jurisdiction to challenge Authority determination on interim non-publication orders – proper test for non-publication discussed – commercial sensitivity – irrelevance to proceedings -  in camera hearing application – costs determination of Authority replaced - $2,250 in costs for Authority investigation

[2017] NZEmpC 92 P v A (Interlocutory Judgment of Judge M E Perkins, 28 July 2017) LEAVE TO EXTEND TIME TO FILE STATEMENT OF DEFENCE – case law examined – relevant principles considered – close consideration of merits unwarranted due to administrative error – application granted.

[2017] NZEmpC 91 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust (Costs Judgment of Judge M E Perkins) COSTS – substantial discount - $9,732.63 in favour of defendant

[2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust (Judgment of Judge B A Corkill, 10 July 2017) SECTION 6 – STUDENT  - Salvation Army cadets – whether full-time cadets with some expenses paid by Salvation Army meet tests for employee status –‘student’ cases considered -  ecclesiastical cases considered - scholarships not linked to work –no mutuality of obligation – context important – activities part of “learning by doing” programme – employee tests applied – cadets not employees.

[2017] NZEmpC 85 Ramkissoon v The Commissioner of Police (Judgment of Chief Judge G L Colgan, 7 July 2017) UNJUSTIFIED DISADVANTAGE – CONSTRUCTIVE DISMISSAL – plaintiff disadvantaged by non-appointment and Police not following own review procedures -reimbursement of wages and $30,000 compensation ordered – not disadvantaged by rehabilitation process and resignation on medical grounds – not unjustifiably constructively dismissed.

[2017] NZEmpC 83 Fuimaono v Houia (Judgment (No 2) of Judge B A Corkill, 5 July 2017) APPLICATION FOR PAYMENT BY INSTALMENTS – instalments not appropriate – Court has no discretion to relieve party of payment obligations – application declined – memoranda invited on possibility of attending mediation.

[2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson (Costs Judgment of Judge K G Smith, 30 June 2017) COSTS - Costs incurred by successful plaintiff were reasonably incurred – no GST awarded – uplift justified on basis of offer which was refused – ability to pay considered – total costs in Court and Authority awarded against defendant of $64,457.35.

[2017] NZEmpC 79 Watson v Capital and Coast District Health Board (Consent Judgment of Judge Christina Inglis, 21 June 2017) CONSENT – confidential terms – non-publication order.