Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 70 S v I Ltd (Interlocutory Judgment (No 3) of Chief Judge G L Colgan, 10 June 2016) APPLICATION FOR SECURITY FOR COSTS – plaintiff’s demands for further and better disclosure – plaintiff’s impecuniosity – modest demand for security for costs – better way to ensure disproportionate time and expense not incurred is judicial control of disclosure process – application declined

[2016] NZEmpC 68 Modern Transport Engineers (2002) Ltd v Phillips (Judgment of Judge Christina Inglis, 7 June 2016) 90-DAY TRIAL PERIOD – whether provision for 90-day trial period can be invoked if copy of agreement cannot be produced – evidence showed it likely that agreement contained 90-day trial provision - law on compliance with ss 63A, 64 & 67A considered – employer’s failure to comply not automatic invalidation – agreement enforceable – no personal grievance challenging dismissal available.

[2016] NZEmpC 66 Scarborough v Micron Security Products Ltd (Judgment of Judge Christina Inglis, 2 June 2016) APPLICATION FOR STAY – application to stay costs award pending outcome of application to Court of Appeal for extension of time to appeal substantive judgment – stay granted - to lapse if extension of time or leave to appeal not granted.

[2016] NZEmpC 64 McIvor v Saad (Oral Judgment of Chief Judge G L Colgan, 30 May 2016) STAY – COMPLIANCE – SECURITY FOR COSTS – reasons for declining adjournment given – stay of execution of Court’s judgment pending outcome of application for leave to appeal to Court of Appeal granted on conditions – application for compliance adjourned – no orders for security for costs – costs of $750 awarded.  

[2016] NZEmpC 60 Eden Group Ltd v Jackson (Reasons for Judgment of Chief Judge G L Colgan, 24 May 2016) APPLICATION FOR FREEZING AND SEARCH ORDERS – REASONS – arguable case for breach of terms of employment agreement – evidence of deceptive establishment of means to set up in competition with employer while still in its employ – evidence of covert and potentially fraudulent collective preparation of first three respondents over lengthy warranted granting of both orders.

[2016] NZEmpC 54 H v A Ltd (Judgment of Judge Corkill, 10 May 2016) CHALLENGE TO SUSPENSION – DISADVANTAGE GRIEVANCES –Court’s order for  reinstatement did not preclude  employer from right to investigate further allegations – whether actions complied with CEA – contract interpretation principles considered and applied – no breach of CEA – no breach of good faith – significant procedural flaws in decision to suspend but suspension was not breach of order to reinstate – compensation of $6,000 awarded – parties to confer on lost remuneration.

[2016] NZEmpC 32 Bhikoo v Stephen Marr Hair Design Newmarket Limited (Judgment of Judge Perkins of 6 April 2016) UNJUSTIFIED DISMISSAL – whether two of grounds for dismissal amounted to serious misconduct – test for serious misconduct considered – plaintiff’s refusal to participate in disciplinary process a factor – difficulties with claim for penalty – consideration of ss 63A and 64.

[2016] NZEmpC 50 NZ Nurses Org & Anor v Waikato District Health Board (Judgment of Judge Ford, 4 May 2016) RETIRMENT GRATUITY – CONTRACT INTERPRETATION – challenge and cross-challenge – whether defendant qualified for redundancy gratuity – relationship between collective agreement and contract considered – may be test case with regard to costs – intervener to meet own costs.

Industrial Equipment Distributors Lifting Centre Ltd v Spark NZ Ltd - judgment No 2 of Judge B A Corkill. (Judgment No 2 of Judge Corkill, 4 May 2016) DISCLOSURE – application for disclosure by third parties – to be read in conjunction with judgment [2016] NZEmpC 45 – orders made for disclosure by first respondent.

[2016] NZEmpC 45 Industrial Equipment Distributors Lifting Centre Ltd v Spark NZ Ltd & Vodafone(Judgment of Judge Corkill, 2 May 2016) DISCLOSURE – application for disclosure by third parties - evidence of improper remote access to plaintiff’s web-based system – need to confirm identity attached to IP addresses -second respondent properly served –– consideration of conditions necessary before orders for third party discovery made – application allowed.

[2016] NZEmpC 47 Gather Supermarket Chain Ltd t/a Italia Square v Faulls (Judgment of Chief Judge Colgan, 2 May 2016) DISMISSED FOR WANT OF PROSECUTION – plaintiff’s challenge struck out - now open to defendant to enforce her determination in the Authority.

[2016] NZEmpC 43 Pretorius v Marra Construction (2004) Ltd (Judgment of Judge Corkill, 19 April 2016) APPLICATION FOR REMOVAL – under s 178, application to remove part of a matter before Authority – parts of claims already subject of challenge at Court – unjustified dismissal and other remuneration grievances still before Authority – application declined.

[2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs  (Costs judgment of Chief Judge GL Colgan of 15 April 2016) COSTS – INSTALMENTS – three separate costs periods identified – arguments for and against payments by instalment considered – Court’s equity and good conscience jurisdiction applied – plaintiff’s lack of success on some interlocutory matter and rejection of Calderbank taken into account – total of $96, 482.03 awarded, to be paid by instalment.