Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[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.

[2017] NZEmpC 39 ALA v ITE (Judgment of Judge B A Corkill, 12 April 2017) BREACH OF COMPLIANCE ORDER – SANCTIONS – whether defendant failed to comply with compliance order – how to assess public interest justification – principles of comity applied – one breach found – fine of $7,500 – permanent non-publication orders made.

[2017] NZEmpC 37 Rossiter v AFFCO New Zealand Ltd (Judgment of Judge B A Corkill, 4 April 2017) CHALLENGE TO STAY OF AUTHORITY INVESTIGATION – challenge allowed for reasons outlined in earlier judgment – Authority’s stay determination set aside.

[2017] NZEmpC 35 Ahuja v Labour Inspector, Ministry of Business, Innovation and Employment (Interlocutory Judgment (No 2) of Chief Judge G L Colgan, 30 March 2017) CHALLENGE  – AUTHORITY AWARDED PENALTY OF ITS OWN MOTION – REPRESENTATION - whether Authority should appear when not a party to plaintiff’s challenge – whether independent counsel to be appointed – Labour Inspector not appropriate defendant in every case but appropriate  where party to challenge and willing participant – costs to be met out of public funds.

[2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd Judgment No.3 of Judge B A Corkill