[2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre (Judgment of Judge Christina Inglis, 31 March 2015) APPLICATION FOR PENALTY – compliance order not complied with – defendant paid outstanding amount prior to hearing – factors to be weighed in determining penalty – quantum of fines surveyed – fine of $5,500 ordered.
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[2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [PDF, 185 KB] -
[2015] NZEmpC 42 Makana Northland Ltd v Carney [PDF, 93 KB] [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.
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[2015] NZEmpC 39 Scarborough v Micron Security Products Ltd [PDF, 126 KB] [2015] NZEmpC 39 Scarborough v Micron Security Products (Judgment of Judge Christina Inglis, 30 March 2015) REDUNDANCY – UNJUSTIFIED DISMISSAL – genuine redundancy but flawed process – no evidence to support compensation – reinstatement denied.
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[2015] NZEmpC 38 Davis v Commissioner of Police [PDF, 109 KB] Davis v Commissioner of Police - judgment of Judge A D Ford.
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[2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [PDF, 157 KB] Gapuzan v Pratt Whitney Air NZ [2015] NZEmpC 37(Judgment of Judge B A Corkill, 26 March 2015) COSTS – question of costs awards made against bankrupt after adjudication – costs award upheld as contingent debt subject to final determination of High Court.
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[2015] NZEmpC 36 Yan v Commissioner of Inland Revenue [PDF, 280 KB] 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.
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[2015] NZEmpC 35 Coy v Commissioner of Police [PDF, 592 KB] [2015] NZEmpC 35 Coy v Commissioner of Police (Judgment of Chief Judge G L Colgan, 24 March 2015) CONSTRUCTIVE DISMISSAL - UNJUSTIFIED DISADVANTAGE – justiciable scope of claims going back in time– law of constructive dismissal – claim for constructive dismissal not unsuccessful– s 122 applied - events over long period amounted to unjustified disadvantage.
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[2015] NZEmpC 34 Rodkiss v Carter Holt Harvey Ltd [PDF, 349 KB] [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.
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[2015] NZEmpC 33 Rimene v Doherty [PDF, 73 KB] [2015] NZEmpC 33 Rimene v Doherty (Judgment of Judge A D Ford, 20 March 2015) UNPAID WAGES and HOLIDAY PAY - successful claim by plaintiff against former employer.
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[2015] NZEmpC 32 Kevin McDonald and Assoc v Alan Johnson [PDF, 68 KB] 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.
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[2015] NZEmpC 31 Judith Davidson v Stephen Kelly [PDF, 96 KB] Davidson v Kelly [2015] NZEmpC 31 (Interlocutory Judgment of Judge M E Perkins, 17 March 2015) APPLICATION FOR LEAVE TO FILE DEFENCE OUT OF TIME – granted – JSC recommended.
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[2015] NZEmpC 29 Hall v Dionex Pty Ltd [PDF, 330 KB] 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).
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[2015] NZEmpC 26 Anderson v Oceania Group (NZ) Ltd [PDF, 64 KB] Anderson v Oceania Group (NZ) Ltd [2015] NZEmpC 26 (Consent Judgment of Judge Christina Inglis, 12 March 2015) CONSENT – terms agreed and confidential between parties.
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[2015] NZEmpC 28 Stevens v Hapag-Lloyd (NZ) Ltd [PDF, 307 KB] 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.
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[2015] NZEmpC 27 Croisilles Oysters Ltd v Kerr [PDF, 71 KB] Croisilles Oysters Ltd v Kerr [2015] NZEmpC 27 (Interlocutory Judgment of Judge B A Corkill, 11 March 2015) APPLICATION FOR STAY - consent by defendant – granted.
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[2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [PDF, 117 KB] [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.
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[2015] NZEmpC 24 Lowe v Director-General of Health, Ministry of Health & Ors [PDF, 194 KB] Lowe v Director-General of Health [2015] NZEmpC 24 (Judgment of the full Court, 2 March 2015). DEFINITION OF HOMEWORKER – whether Carer Support workers providing relief care are homeworkers under s 6 - legislative framework considered – comparison with ECA 1991 challenge allowed.
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[2015] NZEmpC 23 Nisha v LSG Sky Chefs New Zealand Ltd [PDF, 163 KB] 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.
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[2015] NZEmpC 22 Nisha v LSG Sky Chefs New Zealand Ltd [PDF, 102 KB] Nisha Alim v LSG Sky Chefs New Zealand Ltd [2015] NZEmpC 22 (Interlocutory Judgment (No 3) of Chief Judge G L Colgan, 25 February 2015) PRELIMINARY QUESTION OF LAW – unsuccessful application for pre-hearing interpretation of a statutory phrase – principles for determining such application set out – risks explained.
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[2015] NZEmpC 19 Atkinson v Phoenix Commercial Cleaners Limited [PDF, 261 KB] 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.
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[2015] NZEmpC 21 Haldemann LLC v Nelson [PDF, 118 KB] Haldemann LLC v Nelson [2015] NZEmpC 21 (Interlocutory Judgment of Judge B A Corkill, 24 February 2015) COMPLIANCE ORDER – DISCLOSURE OF DOCUMENTS – application for further discovery and compliance order - dismissed.
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[2015] NZEmpC 20 Selwyn Foundation v Nayathodan [PDF, 38 KB] Selwyn Foundation v Nayathodan [2015] NZEmpC 20 (Consent Judgment of Judge Christina Inglis, 24 February 2015) CONSENT – settlement terms agreed – confidential.
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[2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [PDF, 112 KB] ALLWAZE Designs Ltd v Cawthorne [2015] NZEmpC 17 (Interlocutory Judgment of Judge A D Ford, 18 February, 2015) SECURITY FOR COSTS- IMPECUNIOSITY – principles applicable to security for costs – parlous financial state not automatic defence – security for costs ordered.
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[2015] NZEmpC 18 Severinsen & Anor v AFFCO NZ Ltd [PDF, 14 KB] Severinsen v AFFCO New Zealand Ltd [2015] NZEmpC 18 (Judgment of Judge A D Ford, 18 February 2015) LEAVE TO FILE STATEMENT OF CLAIM OUT OF TIME – unopposed – granted.
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[2015] NZEmpC 15 Vulcan Steel Ltd v Walker [PDF, 80 KB] Vulcan Steel Ltd v Walker [2105] NZEmpC 15 (Interlocutory Judgment of Judge B A Corkill, 11 February 2015) APPLICATION FOR STAY – stay principles set out- discretionary – insufficient evidence to support application – dismissed.