Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 223 Thompson v Middle Earth Flying School Ltd, (Interlocutory judgment of Judge Christina Inglis, 14 December 2015). APPLICATION FOR STAY – granted on condition of security for costs.

[2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs, (Costs Judgment of Judge A D Ford, 10 December 2015. COSTS – whether costs were reasonably incurred – starting point of 66 per cent of costs reasonably incurred – whether factors justify an increase or decrease from that starting point – award of costs is discretionary – court not persuaded to make any adjustment to the usual starting point – disbursements considered and allowed in part – Held, plaintiff ordered to pay costs and disbursements in total sum of $17,535.

[2015] NZEmpC 224 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones - (Judgment of Judge Christina Inglis, 16 December 2015). EMPLOYEE OR CONTRACTOR – dispute as to intention of contract – real nature of relationship analysed - respondent found to be contractor

[2015] NZEmpC 217 Rimmer v Carter Holt Harvey Ltd consent judgement of Judge B A Corkill (Consent Judgment of Judge B A Corkill, 7 December 2015)  . CONSENT - parties agreed to settle all matters on the basis that a consent judgment be issued -by consent Employment Relations Authority determination set aside - order of non publication to apply to confidential settlement agreement.

[2015] NZEmpC 215 Rimmer v Carter Holt Harvey Ltd interlocutory, (Interlocutory Judgment of Judge B A Corkill, 3 December 2015) . ADMISSIBILITY OF EXPERT EVIDENCE – whether proposed evidence is beyond the scope of expert’s specialised knowledge and skill – whether the evidence substantially helps the Court – Evidence Act 2006 considered – given the technical nature of the health and safety issues to be considered in the case the threshold for admissibility is met for all paragraphs of the brief of evidence except for para 69 - Held, intended evidence is admissible apart from para 69 of the brief.

[2015] NZEmpC 214 Goel v Director-General for Primary Industries - (Judgment of Judge A D Ford, 2 December 2015). UNJUSTIFIED DISMISSAL - no evidence of alleged managerial bullying or abuse of power – employees are required to carry out lawful and reasonable instructions given by their employers in the course of their duties – investigation process carried out into the misconduct allegations was exemplary – dismissal was a fair and reasonable option open to the employer – Held, dismissal was justifiable

[2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott, (Judgment of Judge B A Corkill, 1 December 2015). CHALLENGE - UNJUSTIFIED DISMISSAL – circumstances were not so serious that a fair and reasonable employer could conclude serious misconduct – there were reasonable alternative options to dismissal – dismissal was not a decision a fair and reasonable employer could have undertaken in all the circumstances – a fair process was not followed - Held, personal grievance for unjustified dismissal upheld – compensation for lost wages – compensation for humiliation, loss of dignity and injury to feelings – reduction of 10 per cent for contributory conduct – costs reserved.

[2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory (Interlocutory Judgment of Judge B A Corkill, 1 December 2015). STAY OF ORDERS – Stay sought in relation to determination of unjustified dismissal and ordered payment of lost wages, reimbursement for holiday pay and KiwiSaver contributions, compensation for humiliation, loss of dignity and injury to feelings and interest – whether applicant’s right of challenge would be ineffectual if no stay granted – financial difficulties meant there could be difficulty recovering monies - successful litigant should receive awards obtained - challenge brought in good faith – Held, application for stay granted on terms until further order of Court – monies to be paid by applicant into Court.

[2015] NZEmpC 208 Caffe Coffee (NZ) Ltd v Farrimond interlocutory (Interlocutory Judgment of Judge Corkill, 26 November 2015). DISCLOSURE – business opened in competition – alleged misuse of confidential information and intellectual property – extent of disclosure – Held, documents to be disclosed within 14 days of judgment - disclosure confined to plaintiff’s lawyers and independent expert - documents not to be copied unless by agreement or leave of the Court.

[2015] NZEmpC 207 Keepa v Go Bus Transport Limited, (Judgment of Judge Perkins, 25 November 2015) . COSTS – no information on plaintiff’s financial situation available to Court – costs of $20,000 plus disbursements awarded to successful defendant.

[2015] NZEmpC 204 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd - (Judgment of the full Court, 18 November 2015)  UNLAWFUL LOCKOUT- GOOD FAITH IN COLLECTIVE BARGAINING - STATUS OF AFFCO SEASONAL MEATWORKERS – whether company could require returning employees to sign individual employment agreements (IEAs) while bargaining for collective agreement was continuing – contractual interpretation approach taken – previous case law reviewed – seasonal meatworkers found to be employees – Company unlawfully insisted on returning workers signing IEAs – bad faith in not involving union and bargaining individually in course of collective bargaining - parties to advise Court within seven days of steps taken towards mediation.

[2015] NZEmpC 203 Fredericks v VIP Frames and Trusses Ltd (Judgment of Judge M E Perkins, 17 November 2015) (PDF 218KB )GOOD FAITH – DUTY TO PROVIDE SAE WORKPLACE - CONSTRUCTIVE DISMISSAL – workplace accident – employee dissatisfaction with employer response and reinstatement following injury – inappropriate lockout – compensation of $12,000 awarded – for unjustified disadvantage – no constructive dismissal – no evidence of bad faith.

[2015] NZEmpC 201 Owen v CE of the Department of Corrections - (Judgment of Judge B A Corkill, 16 November 2015) JURISDICTION – whether s179(5) of the Employment Relations Act 2000 precludes the Court from hearing and determining a challenge against the Employment Relations Authority – Held – objection under s179(5) of the Act is upheld, challenge dismissed - costs reserved.[2015] NZEmpC 201Owen v The Chief Executive of the Department of Corrections (Judgment of Judge B A Corkill, 16 November 2015) JURISDICTION – whether s179(5) of the Employment Relations Act 2000 precludes the Court from hearing and determining a challenge against the Employment Relations Authority – Held – objection under s179(5) of the Act is upheld, challenge dismissed - costs reserved.