Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 170 Global Cover Insurances Limited v Mustafa Bhamji (Judgment of Chief Judge G L Colgan, 20 December 2016) DISMISSED THROUGH WANT OF PROSECUTION – no steps taken to file pleadings despite reminders.

[2016] NZEmpC 168 Borsboom (Labour Inspector) v Preet PVT Ltd & Others (Judgment of Judge B A Corkill, 16 December 2016) FREEZING ORDER – ancillary order – orders made against judgment debtors – director deemed to have taken control and possession of company assets – relevant assets within jurisdiction – risk of dissipation of assets found – plaintiff’s requirement to give undertaking waived under Public Finance Act 1989 – balance of convenience and overall justice in plaintiff’s favour – respondents ordered to disclose financial position – freezing order granted.

[2016] NZEmpC 166 Nisha Alim v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment (No 22) of Judge B A Corkill, 14 December 2016) APPLICATION FOR JOINDER – history behind joinder proceedings surveyed – principles for awarding costs against non-parties considered – evidence linking third party to direct involvement in issues surrounding litigation – guiding mind – evidence of attempts to remove company from Register to avoid liability for costs – availability of security for costs not a reason to deny costs order against “real” party – third parties joined.

[2016] NZEmpC 164 John Edminstin v Sanford Limited (Oral Interlocutory Judgment of Chief Judge G L Colgan, 12 December 2016) ADMISSIBILITY OF EVIDENCE – expert opinion – relevance of s 25 Evidence Act to s 189 ERA provisions –  opinion evidence on ultimate issue for the Court’s decision inadmissible.

[2016] NZEmpC 162 Broadspectrum (New Zealand) Limited (formerly Transfield Services (New Zealand) Limited v Jason Nathan (Judgment of Judge K G Smith, 5 December 2016) STAY OF PROCEEDINGS – application for leave to appeal pending – whether appeal would be rendered nugatory if stay not granted – principles of stay considered – stay granted on conditions.

[2016] NZEmpC 160 Andy Nathan v C3 Limited (Costs Judgment of Judge M E Perkins,  1 December 2016) COSTS FOLLOWING DISCONTINUANCE – discontinuance following remittance by Court of Appeal back to Employment Court – comparison with Guideline Scale – defendant’s costs excessive – each party successful at different stages - plaintiff in financial hardship – no costs awarded.

[2016] NZEmpC 159 Lumsden v Skycity Management Ltd (Interlocutory Judgment of Chief Judge G L Colgan, 28 November 2016) APPLICATION FOR COURT TO STATE CASE TO COURT OF APPEAL ON QUESTION OF LAW – s 211 - criterion is that matter is before the Court – not necessary to be completed – helpful to Court of Appeal if it has benefit of this Court’s views in forming its own – matter set for hearing in Employment Court – application declined.

[2016] NZEmpC 156 Deepak Khurana v Surender Singh and Jag Rawat v Surender Singh (Consent Judgment of Judge M E Perkins, 23 November 2016) CONSENT SETTLEMENT ON PRELIMINARY ISSUE – Authority determination set aside and Corporate Energy Ltd (in liq) reinstated as sole respondent.

[2016] NZEmpC 154 AFFCO New Zealand Limited v New Zealand Meat Workers & Related Trade Union Inc (Interlocutory Judgment (No 1) of Judge B A Corkill, 23 November 2016) APPLICATION FOR INTERIM COMPLIANCE ORDER – question of jurisdiction – no jurisdiction to make interim compliance order - relevant obligation must be established - no relevant power to make interim injunction in this situation.

[2016] NZEmpC 152 Pretorius v Marra Construction (2004) Ltd (Costs Judgment of Judge B A Corkill, 18 November 2016) COSTS – discount for partial success of defendant – costs of $10,500 plus disbursements awarded to plaintiff

[2016] NZEmpC 150 Whanau Tahi Ltd v Kiran Dasari (Costs judgment of Judge M E Perkins, 17 November 2016) COSTS – indemnity costs claimed – usual costs principles appropriate – guideline Scale of Costs useful guide – costs of $18,500 awarded against plaintiff.

[2016] NZEmpC 148 ALA v ITE (Interlocutory Judgment of Judge Christina Inglis, 15 November 2016) COMPLIANCE ORDER – claim for breach – interim non-publication orders made.

[2016] NZEmpC 146 Y Limited v Ms X (Consent Judgment of Judge K G Smith, 8 November 2016) CONSENT – terms confidential – acknowledgment that all parties acted in good faith – order for name suppression.