Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 213 Kirby v New Zealand China Friendship Society (Costs Judgment of Judge B A Corkill, 1 December 2015). ISSUE AS TO COSTS – plaintiff asserts order for costs was inappropriate – 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 – no evidence to support the serious allegations alleged by the plaintiff – Held, 66 per cent of actual legal costs incurred is fair and reasonable – disbursements were also reasonable and were allowed.

[2015] NZEmpC 206 Fox v Hereworth School Trust Board, (Judgment of Chief Judge Colgan, 25 November 2015). CHALLENGE - UNJUSTIFIED DISADVANTAGE AND DISMISSAL –defendant acted in breach of good faith obligations towards plaintiff - defendant did not disadvantage plaintiff by giving formal employment warning - defendant dismissed plaintiff unjustifiably - dismissal effected by unauthorised representatives -plaintiff entitled to compensation for lost remuneration of $78,934, compensation for humiliation, loss of dignity and injury to feelings of $6,666 - Employment Relations Authority costs order set aside- costs reserved.

[2015] NZEmpC 205 Best Health Products Ltd v Nee, (Judgment of Judge B A Corkill, 19 November 2015) Application for leave to file a challenge outside the statutory limit of 28 days, dismissed.

[2015] NZEmpC 202 Higgs v Monro Ltd

[2015] NZEmpC 179 Harris v TSNZ Pulp and Paper Maintenance costs (Costs Judgment of Chief Judge G L Colgan, 9 October 2015)  INDEMNITY COSTS SOUGHT – not a test case – no exceptional circumstances to warrant indemnity costs – reasonable costs and disbursements identified and allowed – no mediation costs – surprising that union is charging member full costs of attendance

[2015] NZEmpC 199 Ganley v PB Sea-Tow (NZ) Ltd (Judgment of Judge Christina Inglis, 13 November 2015) REDUNDANCY QUANTIFICATION – COTRACTUAL INTERPRETATION – employee worked on different projects at different rates – which rate applied for purpose of calculating redundancy – personal grievance  and breach of contract claims not made out.

[2015] NZEmpC 200 South Pacific Meats Ltd v NZ Meat Workers & Related Trades Union Inc (Judgment of Chief Judge Colgan, 13 November 2015) . CHALLENGE TO PRELIMINARY JURISDICTIONAL DETERMINATION – whether Authority was right to dismiss claim on basis of lacking jurisdiction to consider it – it is competent for Authority to make a compliance order for the future based on past breaches but in respect of which the Authority does not impose any other sanction – Authority was wrong to determine it lacked jurisdiction to determine whether frequency of union visits was a breach of law - Held, Authority’s decision set aside , no award of costs.

[2015] NZEmpC 196 Fox v Hereworth School Trust Board interlocutory (Judgment of Chief Judge G L Colgan, 9 November 2015)  APPLICATION TO INTRODUCE FURTHER EVIDENCE – refused – will not affect outcome of case.

[2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd (Interlocutory Judgment of Judge A D Ford, 4 November 2015) ORDER STAYING EXECUTION OF COSTS AWARD – SECURITY FOR COSTS- s180 of Employment Relations Act 2000 applied – r 64 of Employment Court Regulations – High Court Rules applied – Legal Services Act 2011 discussed – financial status of plaintiff discussed - plaintiff had genuine claim – if security for costs ordered the plaintiff’s case will go no further – order having that effect should only be made where claim has little chance of success - Held, application for stay of costs determination granted – application for security for costs order dismissed.

[2015] NZEmpC 190 Brown v Adams t/a Untouchable Hair & Skin - (Judgment of B A Corkill) REHEARING APPLICATION – whether a rehearing application should be granted – cl 5 sch 3 of Employment Relations Act 2000 applied – whether there was a risk that miscarriage of justice had occurred - whether there had been reasonable opportunity to present supplementary evidence – that evidence would not have influenced the result – Held, application for rehearing dismissed, costs reserved.

[2015] NZEmpC 189 Kirby v The NZ China Friendship Society - (Judgment of Judge Corkill, 22 October 2015). DE NOVO CHALLENGE - Whether employee or unpaid volunteer – s 6 Employment Relations Act 2000 ‘meaning of employee’ considered – whether there was expectation for reward for work rendered – whether there was any reward for work rendered – reliability of evidence discussed – no reasonable basis for an expectation of reward for work undertaken as volunteer – wages were not paid only provision for travel and associated expenses - Held – challenge dismissed

[2015] NZEmpC 186 The Commissioner of Salford School v Campbell (Judgment of Judge Corkill, 20 October 2015)  ISSUES AS TO COSTS – whether defendant should have costs award against her in respect of her unsuccessful application for an interim reinstatement order – Calderbank offer considered – costs should follow the event – daily tariff for 5.5 days Authority hearing with no increase or decrease of costs justified - contribution of 66 per cent of actual costs incurred in Court was reasonable - Held, plaintiff to pay defendant a contribution towards both costs in Authority and in the Court.

[2015] NZEmpC 184 G L Freeman Holdings Ltd v Livingston (Costs Judgment of Judge Couch, 19 October 2015) COSTS – plaintiff wholly unsuccessful in its challenge – entitled to reasonable contribution to costs – Held, plaintiff to pay $3,700 in costs.