Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Negligence / car collision / Land Transport (Road User) Rule 2004, r 7.2 / Applicant’s insurance company claimed against Respondent for repairs / HELD: Respondent created hazard and caused the collision by opening car door / therefore, Tribunal found Respondent was negligent having breached duty of care owed to Applicant / repair costs quoted and actual repairs undertaken consistent with damage / claim allowed, Respondent ordered to pay insurance company $1,708.72

Decision date: 24 February 2016. Human Rights Act 1993.

[2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown - (Costs Judgment of Judge Corkill, 19 February 2016).  COSTS - parties each successful to extent in substantive determination - costs generally follow event – general starting point is two-thirds of actual and reasonable costs incurred – defendant only successful in part - decrease in two thirds starting point – consideration of what are fair and reasonable costs incurred – Calderbank offers were not at level to affect assessment of costs – 5 per cent reduction for misleading statement -  Held, $36, 385.66 payable to defendant.

[2016] NZEmpC 12 Auckland International Airport Ltd v APC (Oral Judgment of Chief Judge G L Colgan, 18 February 2016).  ORAL JUDGMENT – Non appearance by first respondent – procedural and substantive changes to be made in interests of justice – dismissal of order for non publication of previous two judgments provided no identification of first respondent – particulars of alleged fraud will not be revealed in subsequent judgments – court file not to be inspected by any person without leave of Court – extension of persons exempt from non-publication orders to include Serious Fraud Office and Police – orders to apply until further order of Court – amount covered by freezing order increased – first respondent recourse to bank accounts revised - first respondent to disclose full nature, extent and value of her assets - costs reserved.

[2016] NZEmpC 10 Fredericks v VIP Frames and Trusses Ltd (Costs Judgment of Judge Perkins, 16 February 2016).  COSTS – parties each successful to extent in substantive determination - costs generally follow event – general starting point is two-thirds of actual and reasonable costs incurred – court has wide discretion – plaintiff chose to challenge well reasoned judgment when employer remained desirous of reinstatement – Held, parties to bear their own costs.

Decision Date: 11 February 2016. Charges laid under s 91 of the Real Estate Agents Act 2008

Decision Date: 11 February 2016. Charges laid under s 91 of the Real Estate Agents Act 2008

[2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement - (Judgment of Judge Ford for the full Court, 1 February 2016)   DE NOVO CHALLENGE - SECTION 9 EMPLOYMENT RELATIONS ACT 2000 - whether provision in collective employment agreement (CEA) conferred unlawful preference on members of the Union – whether a provision is unlawful that provides that vacancies will first be opened to permanent employees covered by the CEA – intention was to recognise benefits of a CEA or benefits arising out of relationship on which CEA was based rather than union membership - provision recognised benefits which could only be achieved through a CEA and the relationship arising from such an agreement - unions and employers free to negotiate and agree upon terms and conditions in a CEA which might otherwise infringe upon prohibition on preference – challenge successful - costs reserved

Appeal against decision to suspend Supported Living Payment on the basis of appellant having outstanding arrest warrants. Chief Executive had not complied with notice requirements prior to suspending payments, recommendation that Chief Executive make an ex gratia payment to the appellant. The Benefits Review Committee failed to offer the appellant a hearing via telephone conference, some members of the Committee used false names or pseudonyms, and failed to give reasons for their decisions, and therefore they have breached the rules of natural justice. Notice of right of review was removed from the letter containing the decision sent to the appellant, Authority strongly recommends the Chief Executive gives urgent attention to this matter. Appeal allowed, costs of $500 to be paid to advocate of the appellant.

Decision Date: 18 December 2015. Charges laid under s 91 of the Real Estate Agents Act 2008

[2015] NZEmpC 229 Twentyman v The Warehouse Ltd (Interlocutory Judgment (No 2) of Chief Judge G L Colgan, 17 December 2015) ARRANGING SECURITY FOR COSTS – order for security for costs clarified – stay remains in place.

NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley (costs judgment of Chief Judge G L Colgan) An apparent unsuccessful party seeking an order for costs and order for indemnity costs against the apparent successful party. Defendants ordered to pay indemnity costs of $9,409.70. Defendants request for orders prohibiting publication declined.