Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2016] NZEmpC 169 Lisa Robinson v Gillon & Maher Plumbing Limited (Interlocutory Judgment of Judge B A Corkill, 16 December 2016) SECURITY FOR COSTS – plaintiff resides outside NZ – tests for stay considered – inability to pay– court’s discretion applied – no security for costs.

[2016] NZEmpC 167 A Labour Inspector of the Ministry of Business, Innovation and Employment v Tech 5 Recruitment (Judgment of the Full Court, 16 December, 2016) PREMIUMS – whether employment agreements contained premium clause – s 12A Wages Protection Act – the meaning of “premium” defined – trade-testing costs were premium – employment agreements containing obligations to pay are “seeking a premium” – challenge successful.

[2016] NZEmpC 165 Tere Lawson v New Zealand Transport Agency (Judgment of Judge B A Corkill, 13 December 2016) UNJUSTIFIED DISMISSAL – REMEDIES –   plaintiff dismissed for serious misconduct – not all issues and evidence being considered by employer were put to plaintiff - inadequate process conducted - good record relevant to choice of outcomes – not considered by employer –challenge succeeded – contribution – impact of subsequently discovered conduct – significant misconduct to be taken into account – no remedies awarded under s 123.

[2016] NZEmpC 163 Darren John Tobin v Rapid Labels Limited (Interlocutory Judgment by Consent of Judge Christina Inglis, 8 December 2016) CONSENT ON COSTS –costs ordered by Authority to be paid into Court pending outcome of challenge.

[2016] NZEmpC 161 New Zealand Airline Pilots’ Assoc Inc v Air New Zealand Ltd (Judgment of Judge Christina Inglis, 1 December 2016) CONTRACT INTERPRETATION – ESTOPPEL - effect of “downtraining” and contractual obligations – analysis of circumstances and history of relevant contractual clauses – consideration of principles of contractual interpretation – pilots employed as “pilots simpliciter” rather to particular positions – airline aimed to avoid redundancy  - estoppel considered – tests not met – challenge dismissed.