Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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2017) APPLICATIONS FOR STRIKE-OUT, DISCLOSURE – application to strike out affirmative defence of discrimination – withdrawn by agreement – disclosure sought to support disparity argument does not exist – application dismissed.

[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