Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 102 Shane Andrew Mercer v Robert Lester McIntyre (Costs Judgment of Judge Christina Inglis, 18 August 2016) COSTS – plaintiff accepted contribution to costs appropriate – costs quantum assessed by analogy to High Court scale – no reduction of costs for alleged aggravating conduct – costs of $10,700 awarded.

[2016] NZEmpC 99 Auckland International Airport Limited v Tere Kimiangatau, ASB Bank Limited & Westpac New Zealand Limited (Judgment of Chief Judge G L Colgan, 11 August 2016) FREEZING ORDERS – amendment of freezing order.

[2016] NZEmpC 97 Warren Banks v Hockey Manawatu Incorporated (Costs Judgment of Judge Corkill, 5 August) COSTS – principles considered – costs in the Authority should follow the event, based on notional daily rate – costs in the Court considered, including scale assessments and legal charges – Calderbank offers considered and principles applied – conduct of parties factored into costs assessment – allowance for GST – Court disbursements considered – defendant’s financial circumstances considered – total of $123,034.10 awarded.

[2016] NZEmpC 95 Fredrick Pretorius v Marra Construction (2004) Limited (Judgment of Judge B A Corkill, 2 August 2016) TIME LIMITATION – principles considered – whether an agreement for overtime or bonus payments existed – quantum meruit claims considered and principles applied – claims under the Minimum Wage Act 1983 and Holidays Act 1993 not statute barred.

[2016] NZEmpC 93 Radius Residential Care Limited v The New Zealand Nurses Organisation Inc (Interlocutory Judgment (No 2) of Judge M E Perkins, 28 July 2016) DISCLOSURE – COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION – objection to production for inspection valid – directions given accordingly.

[2016] NZEmpC 91 Deepak Khurana v Surender Singh (Interlocutory Judgment of Judge M E Perkins, 20 July 2016) SECURITY FOR COSTS – whether security for costs appropriate – principles considered – application dismissed.

[2016] NZEmpC 89 New Zealand Nurses Organisation v Waikato District Health Board (Judgment of Chief Judge G L Colgan, 12 July 2016) APPLICATION FOR RECALL/REHEARING – initial judgment dealt with individual case but not with independent challenge by organisation as to broader meaning of  collective agreement’s phrase “retiring from the organisation” – case law on recall and rehearing considered – grounds exist for rehearing of part of case –rehearing granted - questions for rehearing suggested.

JUDGMENT OF THE COURT, 7 July 2016. The applications for an extension of time to seek leave under s 214 of the Employment Relations Act 2000 are declined.

[2016] NZEmpC 85 Chief Executive of the Ministry of Social Development v Tuilaepa (Judgment of Chief Judge Colgan) 6 July 2016) STAY OF EXECUTION – joint application – Authority ordered reinstatement pending outcome of challenge – orders for interim payment of salary on conditions of no attendance at workplace and undertaking by plaintiff not to seek later reimbursement.

[2016] NZEmpC 84Stormont v Peddle Thorp Aitken Ltd (Interlocutory Judgment of Judge Christina Inglis, 30 June 2016) STAY OF EXECUTION – by consent – order on conditions.

[2016] NZEmpC 82 Davidson v Kelly (Judgment No 3 of Judge B A Corkill, 29 June 2016) COMPLIANCE ORDER – breach of payment obligations

[2016] NZEmpC 80 Tribe v John Scott & Co Ltd (Judgment of Judge Christina Inglis, 23 June 2016) UNJUSTIFIABLE DISMISSAL – whether plaintiff resigned –reasonable for employer to take from correspondence that plaintiff intended resignation – insufficient steps taken to clear possible misapprehension – challenge dismissed.

[2016] NZEmpC 78 Northern Legal Ltd v Eketone-Te Kanawa (Consent Judgment of Judge Christina Inglis, 20 June 2016) CONSENT - settlement agreed – Authority determination set aside.