[2017] NZEmpC 65 Lorigan v Infinity Automotive Ltd (Interlocutory Judgment of Judge Christina Inglis, 24 May 2017) APPLICATION FOR EXTENSION OF TIME – leave sought to file notice of opposition to application for security of costs – overall interests of justice considered – leave granted.
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[2017] NZEmpC 65 Lorigan v Infinity Automotive Ltd [PDF, 13 KB] -
[2017] NZEmpC 64 Prasad v LSG Sky Chefs New Zealand Ltd [PDF, 91 KB] [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.
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[2017] NZEmpC 63 Fuimaono v Houia [PDF, 164 KB] [2017] NZEmpC 63 Fuimaono v Houia (Judgment of Judge B A Corkill, 19 May 2017) IDENTITY OF EMPLOYER – whether employee employed by individuals or company – informal nature of business – case law examined – no evidence of agency – undisclosed agency – individuals found to be employers – financial difficulties – financial remedies owed to defendant – leave to file application under s 131(1A).
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[2017] NZEmpC 62 Tradefog Global Co Ltd v Bartholomeusz [PDF, 92 KB] [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.
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[2017] NZEmpC 61 Ahuja v A Labour Inspector [PDF, 166 KB] [2017] NZEmpC 61 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment (Interlocutory Judgment (No 3) of Judge Christina Inglis, 18 May 2017) STAY - STRIKE-OUT – UNLESS ORDER – plaintiff default in filing – ‘unless’ order less draconian than strike-out – stay granted – ‘unless’ order made on condition amount owed to employees paid into Court within 7 working days.
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[2017] NZEmpC 60 Holman v CTC Aviation Training (NZ) Ltd [PDF, 216 KB] [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.
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[2017] NZEmpC 59 Y Ltd v Ms X [PDF, 117 KB] [2017] NZEmpC 59 Y Ltd v Ms X (Judgment (No 2) of Judge K G Smith, 18 May 2017) VARIATION OF NON-PUBLICATION ORDER – proceedings issued at High Court for liquidation - requires public notification – leave granted to exclude those proceedings from non-publication order.
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[2017] NZEmpC 58 AFFCO New Zealand Ltd v NZ Meat Workers & Related Trades Union Inc [PDF, 140 KB] [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.
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[2017] NZEmpC 57 McPherson v Carter Holt Harvey [PDF, 81 KB] [2017] NZEmpC 57 McPherson v Carter Holt Harvey Ltd (Interlocutory Judgment of Judge Christina Inglis, 16 May 2017) APPLICATION FOR LEAVE TO FILE AMENDED STATEMENT OF DEFENCE AND FURTHER BRIEF OF EVIDENCE OUT OF TIME – overall interests of justice considered – leave granted.
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[2017] NZEmpC 56 Nel v ASB Bank Ltd [PDF, 179 KB] [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.
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[2017] NZEmpC 54 Marx v Southern Cross Campus Board of Trustees [PDF, 83 KB] [2017] NZEmpC 54 Marx v Southern Cross Campus Board of Trustees (Costs Judgment of Judge Christina Inglis, 12 May 2017) COSTS – unsuccessful challenge – dismissal of application for rehearing – applicable principles considered – costs of $37,742 awarded in favour of defendant.
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[2017] NZEmpC 53 Eden Group Ltd v Jackson [PDF, 137 KB] [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.
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[2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd [PDF, 303 KB] [2017] NZEmpC 52 Unite Union Inc v Restaurant Brands Ltd (Judgment of Judge K G Smith, 12 May 2017) INTERPRETATION OF COLLECTIVE AGREEMENT – meaning of “ordinary rate” as applied to overtime – contract interpretation principles and background context considered – outcome favoured defendant’s position – “ordinary rate” refers to base rate without allowances.
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[2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [PDF, 211 KB] [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.
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[2017] NZEmpC 50 S v I Limited [PDF, 60 KB] [2017] NZEmpC 50 S v I Ltd (formerly L Ltd) (Consent Judgment of Judge B A Corkill, 11 May 2017) CONSENT - NAME SUPPRESSION – By consent, Authority determination set aside - order for permanent name suppression made.
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[2017] NZEmpC 49 Domingo v Suon and Heng (t-a Town and Country Food) [PDF, 62 KB] [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 .
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[2017] NZEmpC 48 Prasad and Tulai v LSG Sky Chefs NZ Ltd [PDF, 148 KB] [2017] NZEmpC 48 Prasad v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment (No 2) of Judge M E Perkins, 11 May 2017) NATURE OF EMPLOYMENT RELATIONSHIP – further particulars sought – some amended pleadings ordered – full extent of application declined.
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[2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [PDF, 104 KB] [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.
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[2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [PDF, 104 KB] [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd (Interlocutory Judgment of Judge M E Perkins, 5 May 2017) CHALLENGE ON CONSTRUCTIVE DISMISSAL – APPLICATION FOR SECURITY FOR COSTS & STAY OF PROCEEDINGS – papers not filed in time – serious prejudice to defendant - principles for security for costs considered – impecuniosity established – security for costs set at $7,500 – stay in place until payment.
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[2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [PDF, 125 KB] [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.
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[2017] NZEmpC 44 Lyttelton Port Co Ltd v Arthurs [PDF, 90 KB] [2017] NZEmpC 44 Lyttelton Port Co Ltd v Arthurs (Interlocutory Judgment of Judge K G Smith, 4 May 2017) STAY APPLICATION – joint memo seeking stay by consent with conditions - orders granted accordingly.
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[2017] NZEmpC 43 Davidson v Kelly [PDF, 76 KB] [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.
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[2017] NZEmpC 42 Matsuoka v LSG Sky Chefs NZ Ltd [PDF, 70 KB] [2017] NZEmpC 42 Matsuoka v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment of Judge M E Perkins, 28 April 2017) NON-PAYMENT OF NON-PARTIES’ RETRIEVAL AND STORAGE COSTS – expert evidence considered – cost for storage and retrieval of payroll information ordered.
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[2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [PDF, 211 KB] [2017] NZEmpC 41Cronin-Lampe v The Board of Trustees of Melville High School (Interlocutory Judgment of Judge M E Perkins, 26 April 2017) APPLICATIONS FOR LEAVE TO RAISE PERSONAL GRIEVANCES OUT OF TIME AND TO BRING PROCEEDINGS – amended statement of claim to be accepted subject to further amendment - common law proceedings under s 4(7) Limitation Act 1950 for bodily injury – reasonable discovery – mistake of law –prejudice – leave granted on basis that delay occasioned by mistake of law and other reasonable cause – other action to be deferred to hearing.
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[2017] NZEmpC 40 XYZ v ABC [PDF, 271 KB] [2017] NZEmpC 40 XYZ v ABC (Judgment of Judge Christina Inglis, 12 April 2017) APPLICATIONS FOR INTERIM REINSTATEMENT, INTERIM NON-PUBLICATION – principles for interim reinstatement applied – application declined – recent case law considered – stringent approach required – interim non-publication granted.