Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 99 NZ Meat Workers Union Inc v South Pacific Meats Ltd (Interlocutory Judgment of Chief Judge G L Colgan, 25 June 2015). REFERRAL OF QUESTION OF LAW FROM EMPLOYMENT RELATONS AUTHORITY - Authority sought answer to whether it was empowered to make an order for disclosure of documents which may be self-incriminatory – issue as to whether that was a question of law referred under s177 of Employment Relations Act 2000 or a partial removal of the Authority’s substantive proceeding pursuant to s178 – Authority clarified it was seeking an answer to a question of law pursuant to s177 – whether there are any prohibitions to the referral under s177 - consideration around whether discovery of documents subject to privilege against self-incrimination related to procedure or jurisdiction - Held, question of law did not relate to Authority’s procedure - Authority’s powers set out in s160 include power to require documents from parties - application to strike out the referral declined, m…

Allied Security Ltd v Marriott interlocutory judgment of Judge B A Corkill

[2015] NZEmpC 94 New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand  (Interlocutory Judgment (No 2) of Chief Judge G L Colgan, 17 June 2015) APPLICATION FOR INTERLOCUTORY AND INTERIM INJUNCTION – WHETHER UNLAWFUL LOCKOUT – seasonal workers – injunction sought to prevent company from offering new terms and conditions on individual agreements – whether plaintiffs have arguable case as “prospective employees” – historical overview of relevant case law – consideration of what constitutes lawful lockout – arguable case established – balance of convenience and overall justice favour defendant – injunctions declined – reminder of objectives of the Act. 

[2015] NZEmpC 93 New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand (Oral Interim Interlocutory Judgment of Chief Judge G L Colgan, 16 June 2015) ORDER FOR MEDIATION – assistance needed with collective bargaining.

[2015] NZEmpC 90 Talbot v Air New Zealand Ltd (Judgment of Judge Christina Inglis, 12 June 2015) GRIEVANCE OUT OF TIME – whether employer can give consent to pursue grievance out of time where notice was in anticipation of future action – dispute over condition in collective agreement – raising concerns at early stage not regarded as raising grievance – no exceptional circumstances – challenge dismissed.

[2015] NZEmpC 87 Merennage v Ritchies Transport Holdings Ltd (Interlocutory Judgment (No 2) of Judge Christina Inglis, 11 June 2015) ADJOURNMENT OF HEARING – Court must be guided by need to do justice between the parties – granted.

[2015] NZEmpC 86 Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Consent Judgment of Judge Christina Inglis, 9 June 2015). STAY OF JUDGMENT – by consent, pending outcome of appeal.

Agus Riyanto & 43 others v Dong Nam Company Ltd interlocutory, judgment of Judge B A Corkill

Smith Crane and Construction Ltd v Hall - judgment of Judge B A Corkill.

Mega Wreckers Ltd v Taafuli

[2015] NZEmpC 78 Panettiere v Waikato District Health Board (Interlocutory Judgment of Judge Christina Inglis, 29 May 2015) APPLICATION FOR LEAVE TO CHALLENGE OUT OF TIME – cross-challenge mistakenly included in statement of defence – overall interests of justice – application successful.

[2015] NZEmpC 76 Sealord Group Ltd v Pickering (Judgment of Judge A D Ford, 27 May 2015) EMPLOYMENT STATUS – UNJUSTIFIED DISMISSAL - crew arrangements on fishing vessel – defendant was employee – procedural defects in dismissal – compensation for hurt and humiliation of $15,000, reduced for contribution.