Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

[2016] NZEmpC 143 Jeanie May Borsboom (Labour Inspector) v Preet PVT Limited and Another (Judgment of the Full Court, 4 November 2016) PENALTIES – BREACH OF MINIMUM CODE – breach of minimum entitlements – breach of statutory requirements – legislative history considered – objectives of penalties discussed – whether penalty principles for breach of statute or contract differ – whether financial circumstances of defendants are relevant – whether separate or global penalties for multiple breaches - multi-step approach to penalties applied – penalties of $40,000 and $60,000 imposed on first and second defendants.

[2016] NZEmpC 142 Andrew Leota v Chief Executive of the Ministry of Social Development [Judgment of Judge M E Perkins, 3 November 2016) BREACH OF COLLECTIVE AGREEMENT – BREACH OF CONFIDENCE – withdrawal of paid sick leave – leave entitlement not open-ended – leave withdrawn in accordance with agreement – unauthorised detrimental use of information not found – no breach of confidence – costs reserved.

[2016] NZEmpC 140 David Wright v West Auckland Aquatics Incorporated and Susan Turner (Costs Judgment of Judge M E Perkins, 2 November 2016) COSTS – costs following discontinuance of claim – Court’s Guideline Scale applied – costs of $10,704 ordered.

[2016] NZEmpC 138 AFFCO New Zealand Limited v The New Zealand Meatworkers and Related Trades Union Incorporated (Oral Interlocutory Judgment of Chief Judge G L Colgan, 31 October 2016) COLLECTIVE BARGAINING – MEDIATION – parties directed to mediation for good faith collective bargaining.

[2016] NZEmpC 137 Bennett v Michaels (Judgment of Judge M E Perkins, 28 October 2016) CORPORATE VEIL – principles applied – corporate veil lifted to hold individual personally liable – order to pay lost wages