Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 154 Parkinson v Opotiki Rose Garden Preschool Community Trust Inc (Consent Judgment of Judge Christina Inglis, 10 September 2015) CONFIDENTIAL SETTLEMENT – terms of resolution settled at Judicial Settlement Conference.

[2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley (Judgment of Judge G L Colgan, 7 August 2015)  AUTHORITY’S JURISDICTION –COMMON LAW RIGHT TO PENALTY PRIVILEGE –whether there is a residual common law privilege against self-incrimination in civil penalty proceedings – whether this exists at Authority - comparison of penalty privilege rights at Authority and Employment Court – penalty proceedings not criminal proceedings – reg 39(2) negates right to disclosure – can be determined by Court – - NZBORA s 27,29 considered – Evidence Act ss 60, 63 considered – privilege applies to corporations – two narrow self-incrimination privileges may be asserted at the Authority.

[2015] NZEmpC 135 Fagotti v Acme & Co Ltd (Judgment of the Full Court, 5 August 2015) COSTS AT THE AUTHORITY – CALDERBANK OFFERS – INDEMNITY COSTS – GST – whether the Authority should be influenced by the circumstances and justice of a particular case in awarding costs – different principles apply in the Authority and the Court – daily tariff at Authority has value – GST issue left for future case – not a case for indemnity costs – challenge dismissed.

[2015] NZEmpC 132  Waterford Holdings Ltd v Morunga - (Judgment of B A Corkill, 3 August 2015) UNJUSTIFIED DISMISSAL – dismissal for serious misconduct with alleged animal cruelty towards farm stock – issues of procedural fairness – lost remuneration must be as a result of the grievance – procedural error did not result in loss remuneration - compensation for hurt, humiliation and loss of dignity discussed – conduct sufficiently egregious as to justify 100 per cent reduction in remedies for contributory conduct – Held, challenge succeeds, no remedies payable, order of stay discharged.

[2015] NZEmpC 130 Scarborough v Micron Security Products Ltd (Judgment of Judge M E Perkins, 31 July 2015) APPLICATION FOR RE-HEARING – declined – legal tests not met - costs to defendant.

[2015] NZEmpC 126 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment (No 15) of Chief Judge G L Colgan, 29 July 2015) APPLICATION TO STRIKE OUT DEFENCE – ALTERNATIVE APPLICATION TO APPOINT COMPUTER FORENSIC SPECIALIST - misconduct alleged through defendant's solicitor improperly discharging disclosure obligations – lack of evidence in support – alternative application previously addressed – case for revisiting not established – both applications dismissed.

[2015] NZEmpC 129 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment (No 17) of Chief Judge G L Colgan, 29 July 2015)  UNLESS ORDERS – treated as application for leave – leave refused – earlier judgment misinterpreted – application not strong enough to justify delay to proceedings.

[2015] NZEmpC 123 D’Arcy-Smith v Natural Habitats Ltd - (Judgment of Judge Christina Inglis, 28 July 2015)  EMPLOYMENT STATUS – whether employee or contractor – some elements suggesting employee – overall factual analysis – contractor.

[2015] NZEmpC 125 Shanmuganathan v PowerNet Ltd (Judgment of Judge Corkill, 28 July 2015) REINSTATEMENT – order for reinstatement of plaintiff made subject to specified conditions.

[2015] NZEmpC 120 G L Freeman Holdings Ltd v Livingston (Judgment of Judge A A Couch, 24 July 2015) DE NOVO CHALLENGE - Employee resigned without giving the full stipulated period of notice required under contract – employer withheld final pay as a result - whether provision of agreement relied upon by employer in order to withhold money from employee was enforceable in law – whether that provision should be seen as liquidated damages for breach of contract or as a penalty - whether employee should be penalised for neglecting to give required notice period – if so, what amount – Dunlop Pneumatic Tyre Company principles considered – regard given to intention of parties at time agreement was entered into – no monetary loss suffered as result of failure to give full notice period – forfeiture clause was to compel employee to give requisite notice by holding threat of loss of wages over employee and as such was held to be penalty provision which in good conscience and equity the Court ough…

[2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Limited - (Judgment of Chief Judge GL Colgan, 23 July 2015) CHALLENGE TO OBJECTION – OBJECTION TO ANSWERING INTERROGATORIES – relevance of documents considered – some of objections to interrogatories upheld – those relating to performance and dismissal overruled – proportionality re-emphasised – no new issues raised.

[2015] NZEmpC 116 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment (No 12) of Chief Judge G L Colgan, 20 July 2015)  APPLICATION FOR LEAVE TO FILE FURTHER INTERLOCUTORY APPLICATIONS – declined.