Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay (Judgment (No 2) of Judge B A Corkill, 22 February 2017) DISADVANTAGE GRIEVANCE – s 122 considered – adequacy of investigation of stress issues – lack of response to raising of concerns – unjustified disadvantage under s 122 found – compensation of $2000 awarded.

[2017] NZEmpC 13 Lewis v Immigration Guru Ltd (Interlocutory Judgment of Judge M E Perkins, 16 February 2017) APPLICATION FOR LEAVE TO FILE CHALLENGE OUT OF TIME – relevant principles and interests of justice considered – application for leave granted.

[2017] NZEmpC 11 Matsuoka v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment of Judge M E Perkins in respect of 1) Application for wasted costs order; 2) first amended application for further and better discovery in respect of electronic documents etc, 15 February 2017) APPLICATION FOR WASTED COSTS ORDER – APPLICATION FOR FURTHER AND BETTER DISCOVERY – prior hearing concerning outstanding applications adjourned due to amended statement of claim – wasted costs could have been avoided by informing opposing counsel and Court of amended pleadings – $10,000 wasted costs ordered against plaintiff –case law and factors relevant to further discovery considered – existence of further documents speculative – discovery process disproportionate to claim – plaintiff’s further discovery application declined – further particular discovery of certain documents ordered.

[2017] NZEmpC 9 Cooper v CMP Canterbury Ltd (Consent Judgment of Judge K G Smith, 13 February 2017) CONSENT – confidential terms – consent order made.

[2017] NZEmpC 7 Lyttelton Port Company Ltd v The Rail and Maritime Transport Union Inc (Interlocutory Judgment (No 5) of Judge B A Corkill, 31 January 2017) STRIKE – orders previously set out should apply to this strike – application to restrain strike declined.