Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 78 Chief Executive of the Department of Corrections v Corrections Association of New Zealand (Judgment of Judge K G Smith, 21 June 2017) CONTRACT INTERPRETATION – RESTRUCTURING – whether Chief Executive could disestablish a position without negotiation with union over variation – requirements of coverage clauses considered – clear acceptance in collective contract and practice of Chief Executive’s right to restructure – challenge succeeded.

[2017] NZEmpC 76 Dent v Waikato District Health Board (Interlocutory Judgment of Judge M E Perkins, 13 June 2017) APPLICATION TO HAVE DOCUMENTS DECLARED INADMISSIBLE – orders given that some categories of specified documents be admitted.

[2017] NZEmpC 75 Oliver v Scott Haulage 2010 Ltd

[2017] NZEmpC 71 Stormont v Peddle Thorp Aitken Ltd (Judgment of Judge Christina Inglis, 6 June 2017) BONUS – CONTRACT – REDUNDANCY - HURT AND HUMILIATION – bonus to be calculated according to terms of contract – no estoppel existed – employer breach of good faith in relation to bonus and redundancy – penalty imposed – penalty quantum surveyed – special damages awarded – meaning of “humiliation, loss of dignity an injury to feelings” considered – compensation quantum surveyed – unpaid bonus, special damages and lost remuneration ordered with holiday pay and interest - $25,000 compensation.

[2017] NZEmpC 70 Edminstin v Sanford Ltd (Judgment of Chief Judge G L Colgan, 6 June 2017) INTELLECTUAL PROPERTY – CONTRACT – ownership of “marks” in identifying oyster beds – traditional custom and practice and its place in law considered – “marks” belong to skippers – not overridden by employment agreement – distinguished from JP Morgan – history of “marks” surveyed – ownership of “marks” exclusive to plaintiff - breach of  property rights not proven.

[2017] NZEmpC 68 Matsuoka v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment of Judge M E Perkins in respect of applications relating to disclosure, further and better particulars and amendments to preservation order, 2 June 2017) WAIVER OF PRIVILEGE - PARTICULARS – PRESERVATION ORDER – law relating to loss of privilege by imputed waiver considered – nuanced issue – privileged waived by disclosures in previous proceedings in the same matter – application for further and better particulars declined – plaintiff ordered to provide tax records for year ending 31 March 2010 – application for details of funding arrangements declined – application for amendment to preservation order declined.

[2017] NZEmpC 66 Lal v The Warehouse Ltd (Judgment of Judge Christina Inglis, 1 June 2017) UNJUSTIFIED DISMISSAL – MEDICAL INCAPACITY – employee’s return to light duties after injury made conditional on employer meeting her request to transfer to different store – not accepted – mutual obligations in employment relationship – procedurally fair- dismissal justifiable.

[2017] NZEmpC 64 Prasad v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment (No 3) of Judge M E Perkins, 24 May 2017) DISCLOSURE – verification of disclosure – application for further and better disclosure – relevant principles considered and applied – verification of disclosure and further and better disclosure orders made.

[2017] NZEmpC 62 Tradefog Global Co Ltd v Bartholomeusz (Costs Judgment of Judge K G Smith, 18 May 2017) COSTS – application for indemnity costs – no features justifying uplift – costs of $4000 awarded against plaintiffs.

[2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd (Judgment of Judge M E Perkins, 18 May 2017) PREMIUM – fees payable for training course – employment relationship ended with instalments owing – plaintiff sought repayment of fees paid – benefit to plaintiff therefore not a premium – future litigation of monies owed to go to Disputes Tribunal.

[2017] NZEmpC 58 AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc (Costs Judgment of Judge B A Corkill, 17 May 2017) COSTS – DISCONTINUANCE – plaintiff entitled to some credit for raising significant issues and not requiring Court to determine factual findings – plaintiff to contribute $9,000 to defendant costs.

[2017] NZEmpC 56 Nel v ASB Bank Ltd (Interlocutory Judgment of Judge B A Corkill, 16 May 2017) DISCOVERY – relevance and scope considered – categories of document listed - challenge to defendant’s objections successful – inspection of documents ordered.

[2017] NZEmpC 53 Eden Group Ltd v Jackson (Interlocutory Judgment of Judge B A Corkill, 12 May 2017) APPLICATION FOR STAY OF PROCEEDINGS – concurrent High Court proceedings – principles considered – in interests of justice to grant stay on conditions until determination of High Court proceedings – subject to undertakings.