Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 47 SSO v NCE (Interlocutory Judgment of Chief Judge G L Colgan, 13 April 2015) ORDER FOR STAY - Orders staying execution of a determination of the Employment Relations Authority reinstating defendant in employment – interim non-publication order made - order for stay made by consent.

[2015] NZEmpC 45 Bracewell v Richmond Services Ltd (Recusal Judgment of Judge B A Corkill, 10 April 2015) RECUSAL ORDER –rehearing on grounds that miscarriage of justice occurred and natural justice rights were breached – application for recusal in rehearing on grounds of alleged errors made in substantive judgment and alleged inequality given in relation to submissions and evidence of parties – Saxmere test for recusal considered – appropriate for tentative views to be expressed by Judge without it being indicative of pre-judgment – recusal declined.

[2015] NZEmpC 43 Harris v TSNZ Pulp and Paper Maintenance Ltd (Judgment of Chief Judge G L Colgan, 2 April 2015) CALCULATION OF PAY FOR HOLIDAYS AND LEAVE DAYS – interpretation of collective agreement – whether allowances were to be incorporated into salary for calculation purposes.  – whether new employer took on conditions negotiated in contract with previous employer – estoppel principles considered and applied– employee successful.

[2015] NZEmpC 40 Ritchies Transport v Merennage (Consent Judgment of Judge Christina Inglis, 31 March 2015) CONSENT – application for leave to file amended statement of claim and stay.

[2015] NZEmpC 42 Makana Northland Ltd v Carney (Interlocutory judgment of Chief Judge G L Colgan, 31 March 2015) SCOPE OF CHALLENGE – challenge to substantive determination out of time – supplementary determination may be challenged – plaintiff to amend statement of claim.

 Davis v Commissioner of Police - judgment of Judge A D Ford.

Yan v Commissioner of Inland Revenue [2015] NZEmpC 36 (Judgment of Judge Christina Inglis, 24 March 2015) UNJUSTIFIED DISMISSAL– unsuccessful claim for unjustified dismissal –dismissed for performance issues – whether bias present – standards applying to performance management.

[2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd (Judgment of Judge A D Ford, 24 March 2015) CONSTRUCTIVE DISMISSAL – UNJUSTIFIED DISADVANTAGE - COSTS –claim for constructive dismissal – cross challenge on disadvantage grievances and cost award. Breach of duty by employer – resignation foreseeable consequence - constructive dismissal upheld.

Kevin Macdonald & Associates v Johnson [2015] NZEmpC 32 (Interlocutory Judgment by Consent of Judge M E Perkins, 18 March 2015) STAY OF ENFORCEMENT OF DETERMINATION – by consent.

Hall v Dionex Pty Ltd [2015] NZEmpC 29 (Judgment of Judge Christina Inglis, 13 March 2015). UNJUSTIFIED DISMISSAL – successful challenge to dismissal – predetermined -  authority of decision-maker questioned – counter-factual analysis required for compensation – reduced for contribution – breach of contract claim barred by s 113(1).

Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 28 (Judgment of Judge Christina Inglis, 12 March 2015) UNJUSTIFIABLE DISMISSAL – COSTS CROSS-CHALLENGE – restructuring and redeployment – plaintiff sought redundancy – redeployment option not accepted  - meaning of ‘reasonable’ alternative explored – plaintiff unsuccessful - weight to be given to Calderbank offer made in Authority – hardship not found – defendant successful.

[2015] NZEmpC 25 PRI Flight Catering Ltd v Saha (Judgment of Chief Judge G L Colgan, 4 March 2015) COSTS – WITHDRAWAL OF PROCEEDINGS – application for indemnity costs denied – contribution to costs at mediation allowed.