Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

NZ Meatworkers & Related Trades Union Inc v Alliance Groups Ltd [2015] NZEmpC 16 (Costs Judgment of Judge A A Couch, 11 February 2015) COSTS – costs claimed by successful party not reasonable – two-thirds of reasonable costs – end of line of test cases on impact on collective agreements of  Holidays Act 2007 amendments, so not in category of ‘test case’.

Graeme’s Service Centre v Stalker [2015] NZEmpC 10 (Interlocutory Judgment of Judge B A Corkill, 10 February 2015) APPLICATION FOR STAY – sum transferred by plaintiff to solicitor trust account – principles for application for stay set out – stay granted - order to transfer amount to Registrar of the Employment Court.

Allied Security Ltd v Guise [2015] NZEmpC 14 (Interlocutory Judgment of Judge B A Corkill, 10 February, 2015) STAY APPLICATION – parties by agreement paid into MBIE – amount transferred to Registrar of Employment Court.

Q v Commissioner of Police [2015] NZEmpC 8 (Interlocutory Judgment of Judge B A Corkill, 5 February 2015). IN CAMERA - NON-PUBLICATION ORDERS – Court has inherent jurisdiction to order in camera hearing – exceptional circumstances – principles for non-publication considered- orders granted – access to file limited

[2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College (Judgment of Chief Judge G L Colgan, 3 February, 2015) UNJUSTIFIABLE DISMISSAL – REINSTATEMENT DENIED – REMUNERATION & COMPENSATION ORDERED - dismissal of principal – consideration of special factors in s103A assessment including implications for teaching professionals – employer’s resources considered – place of collective agreement – phenomenon of ‘mobbing’ discussed but not found – series of dysfunctional relationships - grounds for misconduct and serious misconduct not made out except in modest form – no grounds for loss of trust and confidence – support and guidance programme not followed through – compensation for non-pecuniary loss reduced for contribution

Ritchies Transport Holdings Ltd v Merrenage interlocutory

Booth v Big Kahuna Holdings Ltd costs judgment of Judge Christina Inglis

Fletcher v Sharp Tudhope Lawyers costs judgment of Judge Christina Inglis

Wills v Goodman Fielder NZ Ltd

Kenmare v Fulton Hogan Ltd costs

Premier Events Group Ltd and Anor v Beattie and Ors

[2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong (Judgment of Judge B A Corkill dated 15 December 2014) CONFLICT OF LAWS – Plaintiffs are pilots employed by Auckland-based subsidiary of Hong Kong-based airline – Employment agreements specify that the agreements  are to be governed by law of Hong Kong – Hong Kong law provides no protections against age discrimination– Agreements specify age of retirement at 55 – Plaintiffs to turn 55 next year – Plaintiffs to be dismissed – Declarations sought that proposed actions are discriminatory under New Zealand law – Plaintiffs “based” in New Zealand and would therefore otherwise be subject to the provisions of the Employment Relations Act (ERA) – ERA an overriding statute by virtue of s 238 which prohibits contracting out – Express choice of Hong Kong law displaced – Express choice of Hong Kong law also contrary to New Zealand public policy which places an importance upon anti-discrimination values – Age discrimination …

SAI Systems Ltd v Bird [2014] NZEmpC 228 (Interlocutory Judgment of Judge A D Ford, 12 December 2014) COSTS – Defendant seeks costs on plaintiff’s unsuccessful challenge – Matter in Authority part-heard – Plaintiff submitted that costs should be held-over pending final determination – Defendant entitled to costs on interlocutory matter – Timetable for submissions extended to meet availability of counsel