Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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

[2017] NZEmpC 31 Ratu v AFFCO New Zealand Ltd (Judgment of Judge M E Perkins, 17 March 2017) APPLICATION FOR ORDER TO REMOVE – principles to be considered in s 178 application considered – two of questions raised are procedural – third question factual and not a question of law – application dismissed.

[2017] NZEmpC 29 Mahamai v Belley (Labour Inspector) (Judgment (No 2) of Judge B A Corkill, 13 March 2017) PENALTY – unacceptable delay in complying with financial orders – difficulty in paying – compliance order now complied with – application for penalty dismissed.

[2017] NZEmpC 25 Ahuja v A Labour Inspector, Ministry of Business, Innovation and Employment (Interlocutory Judgment of Judge Christina Inglis, 9 March 2017) VARIATION OF TIMETABLING ORDERS – application for leave to extend time to comply with timetabling directions – interests of justice considered – extension granted – costs awarded against plaintiff.

[2017] NZEmpC 26 Tulloch v Hays Specialist Recruitment (Australia) Pty Ltd (Interlocutory Judgment of Judge B A Corkill, 8 March 2017) ADMISSIBILITY – CONFIDENTIALITY - whether email subject to confidentiality of mediation – application dismissed.

[2017] NZEmpC 23 Domingo v Suon (Judgment of Judge Christina Inglis, 7 March 2017) COMPLIANCE ORDER – defendant failed to comply with Authority’s compliance order – whether Employment Court has jurisdiction to impose a sanction under s 140(6) where enforcement may be sought in District Court – set-off claim prohibited by minimum code statutes – jurisdiction found – defendant fined $11,000 – part-payment of  $6,600 to plaintiff – plaintiff entitled to costs.

[2017] NZEmpC 20 New World Market Ltd v Wang (Judgment of Judge M E Perkins as to Costs on Discontinuance, 23 February 2017) DISCONTINUANCE – plaintiff paid Authority awards in full through District Court proceeding – costs of discontinuance of $3,456 awarded to defendant.

[2017] NZEmpC 18 Leota v Chief Executive of the Ministry of Social Development (Costs Judgment of Judge M M E Perkins, 23 February, 2017) COSTS – consideration of ability to pay – costs reduced - $7,000 awarded against plaintiff.

[2017] NZEmpC 16 Thomson v Arrow Linemarking Ltd (Consent Judgment of Judge M E Perkins, 23 February 2017) CONSENT – confidential terms – consent order made.

[2017] NZEmpC 14 Matsuoka v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment of Judge M E Perkins in respect of application for preservation orders, 17 February 2017) PRESERVATION ORDER – no evidence of policy to destroy documents – inadequate grounds for order –  order for costs against plaintiff.