Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency (Judgment of Judge B A Corkill, 12 May 2017) INTERPRETATION OF COLLECTIVE AGREEMENT – remuneration – whether salary progression discretionary or mandatory – “midpoint value” interpreted – declaration that parties to required to negotiate annually but not bound to reach agreement – declaration that in fixing remuneration, changes to mid-point values be starting point - actual movement to be based on affordability and performance.

[2017] NZEmpC 49 Domingo v Suon (Costs Judgment of Judge Christina Inglis, 11 May 2017) COSTS – no response from defendant – costs in favour of plaintiff of $3,795 ordered .

[2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust (Judgment of Judge M E Perkins, 8 May 2017) SETTLEMENT AGREEMENT– whether terms of agreement precluded raising of employment problem – at point of sign-off, plaintiff withdrew agreement – whether parties bound to agreement absent mediator sign-off  - equitable estoppel applies  - plaintiff precluded from pursuing claims – challenge dismissed.

[2017] NZEmpC 45 Ports of Auckland Ltd v Findlay (Judgment of Judge Christina Inglis, 5 May 2017) CHALLENGE TO INTERIM ORDERS – disciplinary investigation halted by order of Authority – defendant sought to make orders permanent - principles of interim orders considered – orders declined – not in interests of justice to prevent employers from investigating concerns.

[2017] NZEmpC 43 Davidson v Kelly (Judgment (No 7) of Judge B A Corkill, 4 May 2017) COMPLIANCE- COSTS – compliance orders in respect of two sums – interest ordered – costs order of $4841 issued.