Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 94 Advance International Cleaning Systems (NZ) Limited v Steven Hamilton (Judgment of Judge B A Corkill, 1 August 2016) CONSENT – confidential terms of settlement agreed – Authority determinations set aside.

[2016] NZEmpC 92 Chetanbhai Patel and Mohnakshi Enterprises Limited trading as Trinity Crescent Four Square v Amit Kumar Sharma (Interlocutory Judgment of Judge K G Smith, 22 July 2016) STAY OF EXECUTION – defendant domiciled overseas – principles of stay considered – stay granted on condition whole amount of Authority award be paid into Court.

[2016] NZEmpC 90 Judith Ann Davidson v Stephen Robert Kelly (Judgment No 4 of Judge Corkill, 14 July) COMPLIANCE ORDER – three previous compliance orders – continued default – further compliance order made.

[2016] NZEmpC 88 TD Drilling 2014 Ltd v Crichton (Interlocutory Judgment of Judge K G Smith, 12 July 2016) STAY OF EXECUTION – challenge not to Authority’s finding of unjustified dismissal, but only to identity of employer – stay principles considered - interests of justice favour successful defendant – application declined.

[2016] NZEmpC 87 Kupa v Silver Fern Farms Beef Ltd (Judgment of Judge B A Corkill, 7 July 2016) UNJUSTIFIABLE DISMISSAL – whether refusal to follow instruction was health and safety issue or unreasonable – issue of credibility – whether instruction reasonable – test considered – instruction reasonable – warning would have been appropriate – collective agreement supported alternatives to dismissal – dismissal not justifiable – reinstatement ordered – 50% contributory conduct  - 3 months’ wages - $14,000 compensation reduced to $7,000.

[2016] NZEmpC 86 Radius Residential Care Ltd v The New Zealand Nurses Organisation Inc (Interlocutory Judgment of Chief Judge G L Colgan, 6 July 2016)  DISCLOSURE - SELF-INCRIMINATION IN PROCEEDINGS WHERE ORDERS SOUGHT INCLUDE PENALTIES – Reg 39(2) of the Employment Court Regulations precludes inter-party document disclosure where penalties are sought - no need to separate penalty from other proceedings - decided cases under reg 39(2) considered - common law privilege against self-incrimination in civil penalty cases exists - Court should examine documents to ensure there is no self-incrimination - directions given accordingly. .

[2016] NZEmpC 83 Savage v Capital & Coast District Health Board (Judgment of Judge B A Corkill, 30 June 2016) CASUAL OR PERMANENT EMPLOYEE – legal tests considered - employment offer for casual employee– contract interpretation – clear definition of casual and permanent in MECA - nature of employment relationship in practice examined – challenge failed.

[2016] NZEmpC 81 Eden Group Ltd v Jackson (No 3) Judgment of Chief Judge G L Colgan

[2016] NZEmpC 79 Alpha Laboratories (NZ) Ltd v La (Consent Judgment of Judge M E Perkins, 22 June 2016) CONSENT – terms of settlement agreed – Authority determinations set aside.

[2016] NZEmpC 77 Nisha Alim v LSG Sky Chefs New Zealand Ltd (Interlocutory Judgment No 20 of Judge B A Corkill, 20 June 2016) COSTS – DISCLOSURE – JOINDER – disclosure order for costs purposes – third-party funder – litigation funding – abuse of process – discovery and privilege – proceedings – disclosure of litigation funding agreement – financial statements.

[2016] NZEmpC 75 Bhikoo v Stephen Marr Hair Design Newmarket Ltd (Costs Judgment of Judge M E Perkins, 16 June 2016) COSTS – defendant’s costs reasonable – comparison with Court’s Guideline Scales – offer to settle not accepted, leading to increased costs – Authority order of costs to stand - $4,000 – further costs of $20,000 awarded against plaintiff.

[2016] NZEmpC 74 Tairawhiti District Health Board v New Zealand Nurses OrganisationInc (Judgment of Judge G L Colgan, 14 June 2016) INTERPRETATION OF MECA – which date constitutes “anniversary date” of commencement of employment when employee transfers between DHBs – effect on service-related  entitlements – examination of series of collective agreements and extrinsic materials – “anniversary date” held to be date of initial employment when service is regarded as continuous – recommendation that DHBs make this clear on appointment – good faith requires the parties not doing anything that would mislead or deceive the other – obiter pointing out ambiguity in contract clause.

[2016] NZEmpC 72 Eden Group Ltd v Jackson (Oral Judgment (No 2) of Chief Judge G L Colgan, 10 June 2016) SEARCH AND FREEZING ORDERS – proceedings consolidated – removal of substantive proceedings – orders regarding discovery and privilege made –freezing orders continued temporarily to enable undertakings to be given.