Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[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.

Nisha Alim v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 23 (Interlocutory Judgment (No 4) of Chief Judge G L Colgan, 25 February 2015) MEANING OF “CLEAR DAYS” – OUT OF TIME APPLICATION – interpretation of “clear days” – challenge to objection out of time – leave to extend time granted.

Atkinson v Phoenix Commercial Cleaners [2015] NZEmpC 19 (Judgment of Chief Judge G L Colgan, 24 February 2015) SECTION 6 – EMPLOYEE OR CONTRACTOR – cleaning company – some outward indicators suggesting contractor  - UKSC Autoclenz v Belcher considered – section 6 analysis – real nature of relationship that of employer/employee.

Selwyn Foundation v Nayathodan [2015] NZEmpC 20 (Consent Judgment of Judge Christina Inglis, 24 February 2015) CONSENT – settlement terms agreed – confidential.