Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 180 Keepa v Go Bus Transport Ltd (Judgment of Judge M E Perkins, 12 October 2015)  CLAIM FOR UNJUSTIFIED DISMISSAL – plaintiff subject of several customer complaints – performance discussion and disciplinary meetings held - nemo judex in sua causa not appropriate– employer carrying out disciplinary function not acting judicially - accord and satisfaction considered – plaintiff resigned – no dismissal or constructive dismissal – challenge dismissed.

[2015] NZEmpC 178 Twentyman v The Warehouse Ltd (Interlocutory Judgment of Chief Judge G L Colgan, 8 October 2015) SECURITY FOR COSTS – ORDER FOR STAY – plaintiff unsuccessful at Authority and ordered to pay costs plus penalty of $1500 – security for costs would deny challenge from proceeding – statutory right to proceed – execution of Authority orders stayed on condition that security for past costs excluding penalty be paid into the court

[2015] NZEmpC 177 Southall v Tuau - (Judgment of Judge B A Corkill, 6 October 2015) CHALLENGE TO COSTS DETERMINATION – Wide discretionary power of Court to award costs – to be exercised according to principle – principles applying to Authority awards of costs considered – it was not unreasonable for the two Calderbank offers to be declined in their particular contexts – both Calderbank offers not relevant to consideration of costs – suitable for costs to follow event – normal daily tariff applies – some discontinuance for one aspect of claim - Held, challenge dismissed

[2015] NZEmpC 174 McIvor v Saad (Costs Judgment of Chief Judge G L Colgan, 2 October 2015) COSTS –uplift granted because of unreasonable rejection of settlement offers – calculation should be on hours actually worked each week before dismissal –costs of $9,333 – wages of $8,937.50 (before tax).

[2015] NZEmpC 170 Mahamai v Belley (Labour Inspector) - (Judgment of Judge B A Corkill, 30 September 2015) .CHALLENGE TO COMPLIANCE, PENALTY AND COSTS ORDER – proceeding not dismissed on frivolous or vexatious grounds – evidence established plaintiff was employer – Minimum Wages Act 1983 considered – Plaintiff’s personal circumstances considered in light of plaintiff’s ability to pay the outstanding debts owed – whether payments by instalments were appropriate – whether there should be a penalty for non-payment – Held, compliance order issued for payment of unpaid wages, holiday pay and interest – all to be paid within 12 months of judgment date – to be reviewed at telephone conference

[2015] NZEmpC 172 D’Arcy-Smith v Natural Habitats Ltd - (Costs judgment of Judge Christina Inglis, 30 September 2015)  COSTS – hardship should not prejudice successful party – costs reasonable - $19,500 awarded – disbursement claim not properly made out – not awarded.

[2015] NZEmpC 168 Lawson v NZ Transport Agency (Interlocutory Judgment of Judge Christina Inglis, 29 September 2015) APPLICATIONS FOR STAY, SECURITY FOR COSTS – both applications opposed – need to balance needs of parties – no security for costs ordered - stay granted on condition that sum of $17,500 be paid into the Court.

[2015] NZEmpC 166 Able Owl XL Ltd v Gladden (Judgment of Judge M E Perkins, 24 September 2015) REDUNDANCY ENTITLEMENTS – nature of commission arrangements – different understandings between employer and employee – underpaid commission ordered – no compensation because claim relates to period following termination of employment.

[2015] NZEmpC 165 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd - (Oral Interlocutory judgment, 23 September 2015). APPLICATION FOR FURTHER AMENDMENTS TO STATEMENT OF CLAIM – REQUEST FOR FURTHER PARTICULARS – application for amendment declined – delay difficult and no prejudice to plaintiff – request for particulars not filed correctly and close to being a legal argument which can be raised at hearing– mediation not ruled out but not possible before date of hearing

[2015] NZEmpC 162 EmpC-162 20150918 Robinson v Pacific Seals NZ Ltd (Costs Judgment of Judge Christina Inglis, 18 September 2015) COSTS – Costs cannot be assessed without evidence in support – application for costs dismissed.

[2015] NZEmpC 158 Sealord Group Ltd v Pickering - (Costs judgment of Judge A D Ford, 17 September 2015) COSTS – costs of submissions in Authority upheld - costs of witness professional fees in Authority were reasonable–notional daily tariff applied – first Calderbank offer not relevant as quantum of judgment plus costs exceeded value of Calderbank – second Calderbank offer irrelevant as not made within a reasonable time before hearing – interlocutory costs awarded in part - GST neutral position adopted – no award for witness professional fees in Court – interest for amount awarded by Authority – contribution for costs for submissions in Court – Held, $9,318.56 awarded for Authority costs - $41,000 for costs in Court

[2015] NZEmpC 160 Shanmuganathan v PowerNet Ltd - (Costs judgment of B A Corkill, 17 September 2015) COSTS – Authority cost determination set aside as outcome of Court’s substantive determination differed to Authority’s – Calderbank irrelevant as offered monetary award as opposed to reinstatement– normal daily tariff rate applied – modest decrease from starting rate of 66 per cent to 50 per cent of costs actually and reasonably incurred due to contributory conduct – no reduction in costs for mediation - GST neutral approach adopted – Held, in applicant’s favour - reimbursed $5,000 for setting aside of Authority determination – Authority costs of $3,500 – Court costs of $8670.95 – disbursements of $1,206.24

[2015] NZEmpC 156 Hoff v The Wood Lifecare Ltd (Costs Judgment of Judge A D Ford, 14 September 2015) COSTS – Calderbank offer irrelevant as did not exceed judgment sum – no adjustment to costs on account of conduct – no award of GST – reasonable costs awarded for non-publication order – no reason for change to usual starting rate of 66 per cent of costs actually and reasonably incurred – some disbursements allowed – costs on submissions granted – Held, plaintiff awarded $48,560 for challenge costs, disbursements and costs on submissions