Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2016] NZEmpC 158 Kidd v Beaumont (Judgment of Chief Judge G L Colgan, 28 November 2016) VOLUNTEER OR EMPLOYEE? - s 6 – meaning of ‘volunteer’ considered – case law considered - correct approach stated – plaintiff was employee - changing election to de novo challenge acceptable – identity of employer – no evidence to support unjustified or constructive dismissal – grievance claim dismissed.

[2016] NZEmpC 157 Eden Group Ltd v Jackson (Interlocutory Judgment by Consent of Judge Christina Inglis, 25 November 2016) CONSENT – DISCOVERY – computer forensic access - orders specified.

[2016] NZEmpC 155 Josue Domingo v Meng Suon and Ngan Heng (t/a Town and Country Food) (Oral interlocutory Judgment of Judge Christina Inglis, 23 November 2016) LEAVE TO FILE STATEMENT OF DEFENCE OUT OF TIME – granted on condition of strict compliance with timetabling orders and amount to be paid into court.

[2016] NZEmpC 153 Spotless Facility Services NZ Limited v Anne Mackay (Judgment of Judge B A Corkill, 21 November 2016) CONSTRUCTIVE DISMISSAL – principles considered – “final straw” cases considered  - sequence of events important – genuine but mistaken belief that employer’s response destructive of trust and confidence – no constructive dismissal –  submissions sought on the question of disadvantage grievance.