Judgments of note 2021

[2021] NZEmpC 59 Humphrey v Canterbury District Health Board, te Poari Hauora o Waitaha [PDF, 242 KB] (Interlocutory Judgment of Chief Judge Christina Inglis, 30 April 2021) APPLICATION FOR INTERIM REINSTATEMENT - serious question to be tried in relation to permanent reinstatement - difficulties with relationships can potentially be resolved with professional assistance - damages would not be an adequate remedy - application granted.

[2021] NZEmpC 55 Macleod v Wellington City Transport Ltd [PDF, 257 KB] (Reasons for Judgment of Judge B A Corkill, 26 April 2021) REASONS FOR GRANTING INTERIM INJUNCTION – prima facie case made that lockouts were unlawful – lockout arguably sidesteps requirement to initiate MECA bargaining – lockout arguably improperly compelled union to accept a MECA when only SECA bargaining was initiated – proposed collective agreement arguably contains unlawful availability provision – balance of convenience favours granting interim injunction.

[2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [PDF, 422 KB] (Judgment of the full Court, 24 March 2021) JURISDICTION – place of employment was Washington DC – agreement provided for US law to apply but imported concepts from New Zealand employment law – employee was not part of the Civil Staff  under the Defence Act – US law applies to agreement but with consideration of Employment Relations Act 2000 – Authority has jurisdiction to hear the case – New Zealand is the appropriate forum for the dispute.

[2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc [PDF, 464 KB] (Judgment of Judge B A Corkill, 11 February 2021) COLLECTIVE AGREEMENT – INTERPRETATION – whether employees entitled to motor vehicle reimbursement – reimbursement clause applies to all instances of rotation – entitlement applies when appointment to temporary role whether initiated by employee or employer – entitlement also applies for employee assigned to multiple places of work.