Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 7 Z Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd - (Judgment of Judge B A Corkill,11 February 2016). APPLICATION FOR COMPLIANCE ORDERS – return-to-work arrangements– matter of statutory interpretation - company ordered to re-engage ‘based-on iea’ workers on day shift before night shift as required by seniority provision – infringement of s 97 – company given time-limited opportunity to meet obligations– issue of compliance order adjourned – calculation of loss of remuneration to be by joint memoranda – eligibility of 5 persons – leave to apply for directions reserved.

[2016] NZEmpC 3 HUNZA Productions Ltd v E Lighting Ltd (Interlocutory judgment of Chief Judge G L Colgan, 4 February 2016)   ORDER FOR STAY OF EXECUTION OF AUTHORITY’S ORDERS – consent of parties – sums awarded against plaintiff to be lodged with Registrar of the Employment Court on interest bearing deposit.

[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

[2016] NZEmpC 1 Kilpatrick v Air New Zealand Ltd (Judgment of Judge M E Perkins, 13 January 2016) - UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE – BREACH OF CONTRACT – behaviour sufficient for employer to conduct investigation -plaintiff unco-operative –no breaches of contract -  many attempts to engage plaintiff in disciplinary process – challenge dismissed.(HTML version)

[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.