Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 139 Heather Tait v Robin and Allan Sherson t/a Silver Birch Holiday Park and Motel (Costs Judgment of Judge M E Perkins, 2 November 2016) COSTS – full indemnity costs appropriate – order for costs of $1,571.56 for Authority proceedings and $5,004.44 for challenge in the Court, in addition to previous awards.

[2016] NZEmpC 135 Jason Nathan v Broadspectrum (New Zealand) Limited (Formally Transfield Services (New Zealand) Limited) (Judgment of Judge K G Smith, 28 October 2016) REINSTATEMENT – COSTS – company agreed to reinstatement but not to former position – costs had not been claimed on statement of problem – meaning of reinstatement under s 123(1)(a) clarified  – Authority wrong to accept company’s view that reinstatement should be to a different position no less advantageous – order for reinstatement to former position but in staged manner – costs do not need to be claimed to be awarded – costs of $7,000 ordered.

[2016] NZEmpC 131 A Labour Inspector of the Ministry of Business, Innovation and Employment v Taste of Egypt Limited (Costs Judgment of Judge B A Corkill, 21 October 2016) COSTS OF APPLICATION FOR FREEZING ORDER – reasoning for issuing of freezing order considered – appropriate to have applied for it – costs of $2,500 ordered.

[2016] NZEmpC 126 Gareth Sands v Serco New Zealand Limited (Interlocutory Judgment of Chief Judge G L Colgan, 17 October 2016) CONFIRMATION OF SETTLEMENT TERMS – consent agreement – plaintiff to deliver defendant’s property to the Court – counsel may inspect documents for trial purposes – defendant to provide summary of documents held to Department of Corrections – costs to be determined at conclusion of substantive hearing.

[2016] NZEmpC 122 Gary McIvor v Samir Saad trading as Pita House (Oral Judgment of Chief Judge G L Colgan, 27 September 2016) COMPLIANCE ORDER – sequestration abandoned – parties formed payment agreement – compliance order adjourned sine dine – no order for costs.

Decision Date: 23 September 2016. Penalty Decision. Real Estate Agents Act 2008

[2016] NZEmpC 121 Tait v Robin t/a Silver Birch Holiday Park & Motel (Judgment of Judge M E Perkins, 21 September 2016) REMEDIES – MITIGATION OF LOSS – plaintiff took appropriate steps to mitigate loss – contributory conduct not found – $6,999.92 ordered against defendant – plaintiff entitled to costs.

Decision on Liability (Incompetence Charges) (15 September 2016)

Contract / Civil Aviation Act 1990, s.91Z / Applicants booked return flights with Second Respondent and second flight was cancelled / Applicants booked a replacement flight with different airline / Second Respondent refunded fare of $343 / Applicants seek compensation of $1,999.99 for undue stress and extra costs incurred due to the cancellation and necessity to book another flight at a later date / Held: a carrier is liable for damages caused by delay unless delay made necessary by force majeure (unforeseeable circumstances) / mechanical breakdown is a foreseeable event / carrier not liable if they take all necessary steps to avoid damage or it is not possible to take those steps / Respondent delayed decision to cancel flight to a point where passengers would struggled to get alternative flights or accommodation / Respondent only operated one aeroplane and had no replacement / Respondent bears this as a business risk / Terms and Conditions purporting to limit Respondent’s liability ha…

07.09.16 | Judge Coxhead | Te Ture Whenua Māori Act 1993, section 79 | Costs

06.09.16 | Judge Ambler | Te Ture Whenua Māori Act 1993, section 328 | Costs

[2016] NZEmpC 112 Radius Residential Care Limited v The New Zealand Nurses Organisation Inc (Judgment of Chief Judge G L Colgan, 31 August 2016) STRIKE – AUTHORISED UNION MEETING – COLLECTIVE BARGAINING – employee actions not a union meeting – strikes found unlawful – standard of proof higher than balance of probabilities for statutory penalties – first and second defendants liable as parties to unlawful strike action – damages awarded – insufficient evidence for liability to penalties – breach of good faith obligations insufficient for penalties purposes – costs reserved.