Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 151 Darren Brett Carr, Labour Inspector v Vishaal Kumar Sharma (Sentencing Notes of Judge M E Perkins, 17 November 2016) OBSTRUCTING A LABOUR INSPECTOR – GUILTY PLEA – SENTENCING – s 235 charge - guilty plea entered  –criminal jurisdiction of Employment Court and Sentencing Act applies – principles of sentencing applied –factors to be considered in discharge without conviction – discharge without conviction - $500 towards costs ordered against defendant.

[2016] NZEmpC 149 New Zealand Educational Institute Te Riu Roa v Secretary for Education (Judgment of Judge B A Corkill, 17 November 2016) CONTRACT INTERPRETATION – ANNUALISATION PAYMENTS – leap year - no provision that annualisation should be consecutive in effect – how to fix annualisation period for 2017/2018 tax year – should commence 1 February 2017.

ITE v ALA (Costs Judgment of Judge Christina Inglis, 15 November 2016) COSTS – indemnity costs sought and partially allowed– certain costs excluded – total sum of $153,120 costs awarded against plaintiff.

[2016] NZEmpC 144 John Onepu Rossiter v AFFCO New Zealand Limited (Interlocutory Judgment of Chief Judge G L Colgan, 8 November 2016) STAY – whether challenge to stay of investigation meeting precluded by s 179(5) – parliamentary purpose considered – access to justice – challenge not precluded.

[2016] NZEmpC 145 S v I Ltd (interlocutory Judgment (No 4) of judge B A Corkill, 4 November 2016) DISCOVERY – principles of relevance, proportionality, reasonableness discussed – history of proceedings traversed – defendant to provide verified list of documents.

[2016] NZEmpC 141 Angsla Holdings Limited t/a Angsla Automotive v Michael Cull [Consent Judgment of Judge B A Corkill, 3 November 2016) CONSENT – lost wages to be reimbursed – costs to lie where they fall.

[2016] NZEmpC 139 Heather Tait v Robin and Allan Sherson t/a Silver Birch Holiday Park and Motel (Costs Judgment of Judge M E Perkins, 2 November 2016) COSTS – full indemnity costs appropriate – order for costs of $1,571.56 for Authority proceedings and $5,004.44 for challenge in the Court, in addition to previous awards.

[2016] NZEmpC 136 Xtreme Dining Limited t/a Think Steel v Leighton Dewar (Judgment of the Full Court, 31 October 2016) UNJUSTIFIABLE DISMISSAL – CAUSATION – MITIGATION – CONTRIBUTION – NON-DE NOVO – principles of mitigation considered – review of extent of contribution under s 124 – history of s 124 surveyed – not intended to allow extinguishing of remedies –50% reduction is significant – s 123 assessment may result in no remedy awarded where behaviour particularly egregious – compensation reduced from $12,000 to $10,000.

[2016] NZEmpC 135 Jason Nathan v Broadspectrum (New Zealand) Limited (Formally Transfield Services (New Zealand) Limited) (Judgment of Judge K G Smith, 28 October 2016) REINSTATEMENT – COSTS – company agreed to reinstatement but not to former position – costs had not been claimed on statement of problem – meaning of reinstatement under s 123(1)(a) clarified  – Authority wrong to accept company’s view that reinstatement should be to a different position no less advantageous – order for reinstatement to former position but in staged manner – costs do not need to be claimed to be awarded – costs of $7,000 ordered.

[2016] NZEmpC 129 Ashish Maharaj v Wesley Wellington Mission Incorporated (Judgment of Judge K G Smith, 27 October, 2016). STRIKE OUT APPLICATION - whether settlement precluded challenge- whether challenge outside limitation period -  – consideration of principles for dismissing frivolous or vexatious claim – challenge is frivolous – wage arrears previously settled – no grounds for granting extension beyond limitation period – challenge dismissed.

[2016] NZEmpC 130 The Vice Chancellor of Victoria University of Wellington v Bettina Neu (Consent Judgment of Judge K G Smith, 25 October 2016) CONSENT – full resolution of proceedings.

[2016] NZEmpC 131 A Labour Inspector of the Ministry of Business, Innovation and Employment v Taste of Egypt Limited (Costs Judgment of Judge B A Corkill, 21 October 2016) COSTS OF APPLICATION FOR FREEZING ORDER – reasoning for issuing of freezing order considered – appropriate to have applied for it – costs of $2,500 ordered.