Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 88 AFT in the matter of an application for access to Court documents (Judgment by Judge M E Perkins, 19 July 2017) ACCESS TO COURT DOCUMENTS – application for access to Court file by applicant who is not a party to those proceedings – grounds for application considered – High Court rules considered – relevant factors considered – application declined.

[2017] NZEmpC 86 McLaren v Stephen Marr Hair Design Newmarket Ltd (Judgment of Judge M E Perkins, 10 July 2017) CONSENT – proceedings discontinued – Authority’s costs determination set aside by consent – plaintiff to pay defendant’s costs in the Authority.

[2017] NZEmpC 84 The Chief Executive of the Ministry of Social Development v Tuilaepa (Judgment of Judge K G Smith, 5 July 2017) UNJUSTIFIED DISMISSAL – serious misconduct – breach of Code of Conduct concerning management of young persons – inappropriate force - no significant flaws in disciplinary process – s 103A test of justification met – challenge unsuccessful.

[2017] NZEmpC 82 Judea Tavern Ltd v Jesson (Judgment of Judge Christina Inglis, 30 June 2017) UNJUSTIFIED DISMISSAL – dismissal for medical incapacity considered – plaintiff failed to engage with defendant – fundamental procedural errors – compensation of $5,000 awarded, along with lost remuneration – ACC payments not to be taken into account.  

[2017] NZEmpC 80 E Tu Inc v New Zealand Transport Agency (Costs Judgment of Judge B A Corkill, 26 June 2017) COSTS – whether costs should lie where they fall – 66% taken as starting point – decrease of 50% to recognise benefit to both sides - $15,000 costs awarded against defendant.

[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.