Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 127 South Canterbury District Health Board v Sanderson (Judgment of Judge B A Corkill, 20 October 2017) ON CALL EMPLOYMENT STATUS – PAYMENT – sleepover principles applied – constraints on freedom present – nature and extent of responsibilities significant – significant benefit to employer – availability provisions considered – Minimum Wage Orders apply – correct formula for calculation decided.

[2017] NZEmpC 125 Moss Application for access to Court documents (Judgment of Judge M E Perkins, 16 October 2017) ACCESS TO COURT DOCUMENTS – hearing incomplete – sensitive information – not appropriate to inspect Court file.

[2017] NZEmpC 123 Quality Consumables Ltd v Hannah (Costs Judgment of Judge M E Perkins, 10 October 2017) COSTS – defendant awarded $7,309 including GST.

[2017] NZEmpC 121 Marryatt v Silver Ridge Group Ltd (Reasons for Judgment of Judge J C Holden, 3 October 2017)

[2017] NZEmpC 119 Marryatt v Silver Ridge Group Ltd (Judgment of Judge J C Holden, 2 October 2017) FREEZING ORDER – non-publication until review date of one week from order.

[2017] NZEmpC 117 Underhill v Coca-Cola Amatil (NZ) Ltd (Judgment of Judge M E Perkins, 28 September 2017) UNJUSTIFIED DISMISSAL – WHETHER GRIEVANCE RAISED OUT OF TIME – performance issues while employed – dismissal - consideration of when grievance was raised – 90 days started when written notice of termination provided, giving reasons– grievance raised within time – procedural defects – unjustified dismissal – reinstatement not practicable or reasonable- $1,200 awarded to each plaintiff – reduced by 25% for contribution.

[2017] NZEmpC 115 Schollum v Corporate Consumables Ltd (Judgment of Judge K G Smith, 27 September 2017) HOLIDAY PAY – commission excluded from calculation – consideration of statutory interpretation – law on interpretation of Holidays Act considered -  whether agreement to pay was reached – estoppels principles considered -  liability only, not quantum, established in this judgment – defendant liable for arrears for breaches of Holidays Act.

[2017] NZEmpC 113 Unite Union Inc v Restaurant Brands Ltd (Costs Judgment of Judge K G Smith, 25 September 2017) COSTS – Court’s guideline scale does not overrule discretion – not a test case - $10,000 awarded against plaintiff – no order for costs on costs.

[2017] NZEmpC 111 Sawyer v Vice Chancellor, Victoria University of Wellington (Judgment of Judge Smith, 12 September 2017) APPLICATION FOR STAY OF AUTHORITY INVESTIGATION – leave to extend time to file challenge – whether stay should be granted before extension of time allowed – whether Court has jurisdiction under s 179(5). 

[2017] NZEmpC 109 ALA v ITE (Judgment of Judge Corkill, 1 September 2017) URGENT APPLICATION FOR TAKEDOWN ORDER – scope of powers under s 139(2) discussed – non-compliance with court orders – possibility of further sanctions.

[2017] EmpC 106 Crimson Consulting Ltd v Berry (No 2) (Judgment of Judge Corkill, 29 August 2017) INTERIM ORDER FOR NON-PUBLICATION SPECIFIED – commercially sensitive information – irrelevant evidence.

[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.