Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 195 IAG NZ Limited v Boulger (Interlocutory Judgment of Chief Judge Colgan, 21 December 2015) APPLICATION FOR ORDER FOR STAY OF EXECUTION OF JUDGMENT – granted on two conditions – first, sums awarded against plaintiff to be lodged with Registrar of the Employment Court – second, plaintiff to attend court to address allegations of judicial corruption.

[2015] NZEmpC 227 Lean Meats Oamaru Ltd v NZ Meat Workers Union (Costs Judgment of Judge Corkill, 18 December 2015) Plaintiff ordered to pay the defendant $6,408.88 in costs.

[2015] NZEmpC 230 FIRST Union Inc v Jacks Hardware and Timber Ltd, (Judgment of Chief Judge Colgan, 17 December 2015). DECLARATION – AN END TO COLLECTIVE BARGAINING? - FACILITATED BARGAINING – declaration regarding employer's assertion that bargaining for collective agreement concluded on specific date without settlement of a collective agreement – application for order directing parties to facilitated bargaining – whether breach of good faith – s 33 Employment Relations Act 2000 – whether genuine reasons based on reasonable grounds – place of remuneration in collective agreements and confidentiality of employment terms – whether bargaining was unduly protracted – whether extensive efforts failed to resolve difficulties and precluded parties from entering into agreement - Held, Bargaining not lawfully ended under former s 33 - Authority to accept application for facilitated bargaining – plaintiff entitled to costs but no time limit imposed on application.

[2015] NZEmpC 225 Lumsden v Skycity Management Ltd, (judgment of Judge Christina Inglis, 16 December 2015). FRIVOLOUS AND VEXATIOUS – REVISITING FULL AND FINAL SETTLEMENT AGREEMENTS - claim of breach of settlement agreement – whether challenge to settlement containing “full and final settlement” clause was frivolous and vexatious – part of a matter cannot be dismissed on such grounds – meaning of ‘frivolous’ considered – not the same as lacking legal merit – must be impossible to take seriously – in some circumstances full and final settlement may be revisited – Authority to proceed with investigation.

[2015] NZEmpC 223 Thompson v Middle Earth Flying School Ltd, (Interlocutory judgment of Judge Christina Inglis, 14 December 2015). APPLICATION FOR STAY – granted on condition of security for costs.

[2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs, (Costs Judgment of Judge A D Ford, 10 December 2015. COSTS – whether costs were reasonably incurred – starting point of 66 per cent of costs reasonably incurred – whether factors justify an increase or decrease from that starting point – award of costs is discretionary – court not persuaded to make any adjustment to the usual starting point – disbursements considered and allowed in part – Held, plaintiff ordered to pay costs and disbursements in total sum of $17,535.

[2015] NZEmpC 224 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones - (Judgment of Judge Christina Inglis, 16 December 2015). EMPLOYEE OR CONTRACTOR – dispute as to intention of contract – real nature of relationship analysed - respondent found to be contractor

[2015] NZEmpC 217 Rimmer v Carter Holt Harvey Ltd consent judgement of Judge B A Corkill (Consent Judgment of Judge B A Corkill, 7 December 2015)  . CONSENT - parties agreed to settle all matters on the basis that a consent judgment be issued -by consent Employment Relations Authority determination set aside - order of non publication to apply to confidential settlement agreement.

[2015] NZEmpC 215 Rimmer v Carter Holt Harvey Ltd interlocutory, (Interlocutory Judgment of Judge B A Corkill, 3 December 2015) . ADMISSIBILITY OF EXPERT EVIDENCE – whether proposed evidence is beyond the scope of expert’s specialised knowledge and skill – whether the evidence substantially helps the Court – Evidence Act 2006 considered – given the technical nature of the health and safety issues to be considered in the case the threshold for admissibility is met for all paragraphs of the brief of evidence except for para 69 - Held, intended evidence is admissible apart from para 69 of the brief.

[2015] NZEmpC 214 Goel v Director-General for Primary Industries - (Judgment of Judge A D Ford, 2 December 2015). UNJUSTIFIED DISMISSAL - no evidence of alleged managerial bullying or abuse of power – employees are required to carry out lawful and reasonable instructions given by their employers in the course of their duties – investigation process carried out into the misconduct allegations was exemplary – dismissal was a fair and reasonable option open to the employer – Held, dismissal was justifiable

[2015] NZEmpC 210 Allied Investments Ltd t/a Allied Security Ltd v Marriott, (Judgment of Judge B A Corkill, 1 December 2015). CHALLENGE - UNJUSTIFIED DISMISSAL – circumstances were not so serious that a fair and reasonable employer could conclude serious misconduct – there were reasonable alternative options to dismissal – dismissal was not a decision a fair and reasonable employer could have undertaken in all the circumstances – a fair process was not followed - Held, personal grievance for unjustified dismissal upheld – compensation for lost wages – compensation for humiliation, loss of dignity and injury to feelings – reduction of 10 per cent for contributory conduct – costs reserved.

[2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory (Interlocutory Judgment of Judge B A Corkill, 1 December 2015). STAY OF ORDERS – Stay sought in relation to determination of unjustified dismissal and ordered payment of lost wages, reimbursement for holiday pay and KiwiSaver contributions, compensation for humiliation, loss of dignity and injury to feelings and interest – whether applicant’s right of challenge would be ineffectual if no stay granted – financial difficulties meant there could be difficulty recovering monies - successful litigant should receive awards obtained - challenge brought in good faith – Held, application for stay granted on terms until further order of Court – monies to be paid by applicant into Court.