Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Lowe v Director-General of Health  [2015] NZEmpC 24 (Judgment of the full Court, 2 March 2015). DEFINITION OF HOMEWORKER – whether Carer Support workers providing relief care are homeworkers under s 6 -  legislative framework considered – comparison with ECA 1991 challenge allowed.

Nisha Alim v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 22 (Interlocutory Judgment (No 3) of Chief Judge G L Colgan, 25 February 2015) PRELIMINARY QUESTION OF LAW – unsuccessful application for pre-hearing interpretation of a statutory phrase – principles for determining such application set out – risks explained.

Haldemann LLC v Nelson [2015] NZEmpC 21 (Interlocutory Judgment of Judge B A Corkill, 24 February 2015) COMPLIANCE ORDER – DISCLOSURE OF DOCUMENTS – application for further discovery and compliance order - dismissed.

ALLWAZE Designs Ltd v Cawthorne [2015] NZEmpC 17  (Interlocutory Judgment of Judge A D Ford, 18 February, 2015) SECURITY FOR COSTS- IMPECUNIOSITY – principles applicable to security for costs – parlous financial state not automatic defence – security for costs ordered.

Vulcan Steel Ltd v Walker [2105] NZEmpC 15 (Interlocutory Judgment of Judge B A Corkill, 11 February 2015) APPLICATION FOR STAY – stay principles set out- discretionary – insufficient evidence to support application – dismissed.

Kenmare v Fulton Hogan Ltd [2015] NZEmpC 12 (Consent Judgment of Judge B A Corkill, 10 February, 2015) CONSENT AGREEMENT – Authority determination set aside – consent memorandum subject to non-publication order

Lyttelton Port Company Ltd v The Rail and Maritime Transport Union [2015] NZEmpC 11 (Costs Judgment of Judge A A Couch, 10 February 2015) COSTS – TEST CASE – interpretation of collective agreement – in nature of test case – defendants gained substantial benefit from finding in their favour  - defendants prolonged hearing on matter not seriously arguable – no order for costs.

Premier Events Groups Ltd v Beattie [2015] NZEmpC 9 (Supplementary Judgment of Chief Judge G L Colgan, 9 February 2015) REISSUE OF JUDGMENT – CORRECTION OF ERRORS – Two ‘accidental slips’ corrected under r 11.10 of the High Court Rules – original judgment reissued with corrections. [2015] NZEmpC 9 Premier Events Groups Ltd v Beattie supplementary [PDF, 55 KB]Premier Events Groups Ltd v Beattie [2015] NZEmpC 9 (Supplementary Judgment of Chief Judge G L Colgan, 9 February 2015) REISSUE OF JUDGMENT – CORRECTION OF ERRORS – Two ‘accidental slips’ corrected under r 11.10 of the High Court Rules – original judgment reissued with corrections. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [PDF, 280 KB][2015] NZEmpC 7 Alatipi v Chief Executive of the Department of Corrections  (Judgment of Judge A D Ford, 5 February, 2015)   UNJUSTIFIABLE DISMISSAL – REINSTATEMENT - claim against prison guard by prisoner – need for employer to have clear evidence – duty to act in good faith …

[2015] NZEmpC 7 Alatipi v Chief Executive of the Department of Corrections  (Judgment of Judge A D Ford, 5 February, 2015) UNJUSTIFIABLE DISMISSAL – REINSTATEMENT - claim against prison guard by prisoner – need for employer to have clear evidence – duty to act in good faith even where criminal investigation underway – could have waited til police investigation completed – evidence of pre-determination – remedies of reinstatement, remuneration & compensation ordered

Sai Systems Ltd v Bird [2015] NZEmpC 13 (Costs Judgment of Judge A D Ford, 10 February 2015) COSTS ON INTERLOCUTORY JOINDER APPLICATION - substantive matter still before Authority – discussion of GST on costs – costs set in favour of defendant.

Hill v Workforce Development Ltd interlocutory

Tomo v Checkmate Precision Cutting Tools Ltd costs