Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[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.

[2017] NZEmpC 38 Eden Group Ltd v Jackson (Interlocutory Judgment of Judge K G Smith in Respect of a Request to Access Documents on the Court File, 5 April 2017) ACCESS TO COURT FILE – access sought by person not a party to proceedings – legal principles applied – no order prohibiting access to court file in place – selective access granted with conditions.

[2017] NZEmpC 36 The Free Range Egg & Poultry Co Ltd v Miller (Interlocutory Judgment of Judge Christina Inglis, 31 March 2017) APPLICATION FOR STAY OF EXECUTION OF ORDERS – stay principles applied – financial impact unsupported by evidence - application dismissed – defendant entitled to costs.

[2017] NZEmpC 34 Twentyman v The Warehouse Ltd (Costs Judgment and Further Order of Judge K G Smith, 29 March 2017) COSTS – REVOCATION OF STAY – factually complex – costs accepted rounded to $42,000 – disbursement claim reasonable – stay revoked.

[2017] NZEmpC 32 New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd (Interlocutory Judgment of Judge B A Corkill, 20 March 2017) APPLICATION FOR STAY – related proceedings before appellate courts – this application compared with previous one- stay principles applied to present situation – application denied.

[2017] NZEmpC 30 Lumsden v Skycity Management Ltd (Judgment of Judge Christina Inglis, 14, March 2017) BREACHES OF s 149 AGREEMENT – confidential terms agreed  - no conflict between s 149 and s 238 – defendant breached non-disparagement clause – penalties sought for breach – recent case law considered – penalty of $7,500 ordered, with 75% to plaintiff.

[2017] NZEmpC 28 Rossiter v AFFCO New Zealand Ltd  (Interlocutory Judgment (No2) of Judge B A Corkill, 13 March 2017) APPLICATION FOR STAY – pending appellate judgments Authority stayed claim – challenge not precluded by s 179(5) – defendant applied to stay challenge - assessed under Court’s equity and good conscience jurisdiction – stay principles considered - AFFCO’s application for stay dismissed – substantive challenge to proceed on basis of law as it stands prior to appellate decision .

[2017] NZEmpC 27 Dent v Waikato District Health Board (Interlocutory Judgment of Judge M E Perkins Regarding Challenge to Objection to Disclosure, 8 March 2017) DISCLOSURE – OBJECTION TO DISCLOSURE – CHALLENGE TO OBJECTION TO DISCLOSURE – legal principles considered and applied – partial disclosure ordered.

[2017] NZEmpC 24 Tradefog Global Co Ltd v Batholomeusz (Judgment of Judge K G Smith, 8 March 2017 IDENTITY OF EMPLOYER – whether joining a party by Authority is precluded from challenge under s 179(5) – case law on s 179(5) considered – challenges dismissed.

[2017] NZEmpC 21 Sheath v The Selwyn Foundation and ors (Consent Judgment of Judge Christina Inglis, 1 March 2017) CONSENT – terms of settlement agreed – Authority determination set aside.

[2017] NZEmpC 19 Lewis v Silver Fern Farms Ltd (Costs Judgment of Judge K G Smith, 23 February 2017) COSTS – consideration of principles to be applied – not a test case - costs on costs also awarded – costs of $5,740 awarded in favour of defendant.

[2017] NZEmpC 17 Te Whanau o Waipareira Trust v Yao (Judgment as to costs on discontinuance of Judge M E Perkins, 23 February 2017) DISCONTINUANCE OF CHALLENGE – costs on discontinuance – principles considered and applied – costs of $2,072 awarded in favour of defendant.