Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd (Interlocutory Judgment of Judge Christina Inglis, 16 February 2017) APPLICATION FOR LEAVE TO RESPOND OUT OF TIME – whether plaintiff obliged to file a reply to defendant’s positive defence – whether leave should be granted to extend the time to file reply – application of High Court Rules to positive defences – High Court Rules held to apply – overall interests of justice considered – application to extend time for filing reply to defendant’s positive defence granted.

[2017] NZEmpC 10 Xtreme Dining t/a Think Steel v Dewar (Costs Judgment of the Full Court, 14 February 2017) COSTS – test case – Calderbank offer – GST considered – actual costs appropriate – plaintiff to pay costs of $25.031.16

[2017] NZEmpC 8 Lawson v New Zealand Transport Agency (Costs Judgment of Judge B A Corkill, 31 January 2017) COSTS – CONSENT – consent order made.

[2017] NZEmpC 6 Lyttelton Port Company Ltd v Maritime Union of New Zealand Inc (Judgment of Judge B A Corkill, 31 January 2017) INTERIM INJUNCTION - SECRET BALLOT– whether ballot taken by union complied with s 82A – was general or specific motion required? – Parliamentary background to s 83A considered – dicta on “arguable case” and “onus” – more than speculative evidence required – application unsuccessful.

[2017] NZEmpC 4 Marx v Southern Cross Campus Board of Trustees (Judgment of Judge Christina Inglis, 27 January 2017) APPLICATION FOR REHEARING – application filed out of time – application could reasonably have been made sooner – grounds for application considered – relevant principles considered – grounds for a rehearing not established – application declined. 

[2017] NZEmpC 2 Lyttelton Port Company Ltd v The Rail and Maritime Transport Union Inc (Interlocutory Judgment (No 3) of Judge B A Corkill, 19 January, 2017) STRIKE – orders made for preceding strike period carried over to subsequent strike by consent.

[2016] NZEmpC 179 Lyttelton Port Company Ltd v The Rail and Maritime Transport Union Inc (Judgment of Judge B A Corkill, 29 December 2016) URGENT INJUNCTIONS - STRIKE NOTICES – PICKETS – successful application -  arguable case that RMTU members would participate in illegal strike –arguable case that picket line unlawful based on torts of inducement of breach of contract and unlawful interference with business interests- interim injunctions granted against RMTU to refrain from joining MUNZ strike action, and against MUNZ to prevent them being involved in any way interfering with employment of LPC employees while picketing.

[2016] NZEmpC 178 Borsboom (Labour Inspector) v Preet PVT Ltd (Judgment of Chief Judge G L Colgan, 21 December 2016) DISCHARGE OF FREEZING ORDERS – penalties previously ordered have been paid in full into the Court.

[2016] NZEmpC 175 Iona Wikaira v The Chief Executive of Department of Corrections (Judgment of Chief Judge G L Colgan, 20 December 2016) UNJUSTIFIED DISMISSAL – DISPARITY – CRIMINAL PROCEEDINGS – effect of guilty plea and discharge without conviction on employment – mistakes by employer in investigation and dismissal – bringing employer into disrepute considered - disparity with other breaches found – reinstatement ordered – compensation of $20,000 -  contribution by employee set at 15%.

[2016] NZEmpC 173 Lyttelton Port Company Limited v Maritime Union of New Zealand Incorporated (Interlocutory Judgment of Judge B A Corkill, 20 December 2016) APPLICATION FOR URGENT INTERIM INJUNCTION - STRIKE – consideration of principles for correct construction of strike notices – consideration of injunction principles – evidence of major disruption to public –strike notice deficient in several ways – application granted.

[2016] NZEmpC 171 Morava Group Limited v Susan Clark (Judgment of Chief Judge G L Colgan, 20 December 2016) DISMISSED THROUGH WANT OF PROSECUTION - no steps taken to file amended statement of claim despite reminders.