Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2015] NZEmpC 146 Hally Labels Ltd v Powell (Costs Judgment of Judge M E Perkins, 24 August 2015)  COSTS – partial costs awarded against plaintiff – plaintiff successful with injunction but not with subsequent claims – delays by each party – costs disproportionate to potential gains.

[2015] NZEmpC 141 Tibbitts v EWP Sales Ltd (Consent Judgment of Judge A D Ford, 17 August 2015) Parties agreement resolves the plaintiff’s challenge which constitutes a full and final settlement of matters.

[2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd - (Oral Interlocutory Judgment (No3) of Chief Judge G L Colgan, 17 August 2015) APPLICATION FOR LEAVE TO FILE SECOND AMENDED STATEMENT OF CLAIM – consideration of factors determining whether expanded application would affect overall justice – court’s approach to allow application where amendments enable court to focus on the real disputes between the parties - leave granted

[2015] NZEmpC 139 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment of Judge B A Corkill, 10 August 2015) WITNESS SUMMONS – application to delay appearance – granted.

[2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd (Costs Judgment of Judge Christina Inglis, 7 August 2015) COSTS – reasonable costs – uplifting factors – ongoing effect of offers to settle applied to costs at Employment Court – hardship and access to justice considered – payment by instalments rejected.

[2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School (Interlocutory Judgment of Judge M E Perkins, 6 August 2015) APPLICATION FOR FURTHER PARTICULARS OF PLEADINGS – particulars needed for relevance of Limitation Act – purpose of particulars considered- parameters of relevance need to be prescribed – statements of claim not sufficiently particularised – application granted.

[2015] NZEmpC 134 Hungry Hound Ltd v Hayes - (Judgment of B A Corkill, 4 August 2015)  UNJUSTIFIED DISMISSAL – whether unjustifiably dismissed – whether entitled to remedies – delineation between casual and permanent part time employment discussed - Held, personal grievance established - compensation and costs awarded.

[2015] NZEmpC 133 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory judgment (No 18) of Chief Judge G L Colgan, 3 August 2015)  APPLICATION FOR COMPLIANCE ORDERS – pendency of substantive hearing – application declined – leave to reapply at later date for purposes of costs.

[2015] NZEmpC 128 Severinsen & Anor v AFFCO NZ Ltd - (Judgment of Judge A D Ford, 30 July 2015)  ORDERS MADE BY CONSENT – Defendant to pay plaintiffs compensation of $20,000 – Union and defendant agree to interpretation of a clause in expired collective agreement – agreement as to future non-reliance on Authority determination – parties to withdraw their challenges.

[2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd - (Interlocutory Judgment (No 16) of Chief Judge G L Colgan, 29 July 2015) PRIVILEGE – litigation privilege defined and distinguished from lawyer-client privilege – litigation privilege expires at end of litigation unless other proceedings closely related – analysis of documents for which privilege claimed – documents must be sufficiently identified to enable informed objection.

[2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd (Judgment of Judge A D Ford, 28 July 2015) REMOVAL TO COURT FROM AUTHORITY ON QUESTION OF LAW – Whether or not the plaintiffs met the requirements of completing 12 months continuous employment to entitle them to annual leave under s 16(2) of the Holidays Act 2003 – whether school holidays were periods of “unpaid leave” – definition of “leave” and “unpaid leave” considered – Held, plaintiffs satisfied criteria of completing 12 months continuous employment and were entitled to annual leave – costs to lie where they fall

[2015] NZEmpC 124 Knapp v Locktite Aluminium Specialities Ltd (Costs Judgment of Judge Christina Inglis, 28 July 2015) COSTS – GST – SETTLEMENT OFFERS - consideration of principles applying to the inclusion or otherwise of GST in costs awards – settlement offers unreasonably rejected – full contribution appropriate – costs on costs modest – total costs award $2950

[2015] NZEmpC 122 Campbell v The Commissioner of Salford School (Judgment of Judge Corkill, 27 July 2015)  DE NOVO CHALLENGE – UNJUSTIFIED SUSPENSION - UNJUSTIFIED DISMISSAL - whether suspension and dismissal were justified ––procedural and substantive flaws found - lack of specificity in claims against plaintiff- inadequate opportunity for plaintiff to be heard –– confidential information relied upon in investigation – terms of reference were too broad – no heed paid to earlier recommendations for urgent implementation of performance objectives – nonadherence to collective agreement in that distinction between performance and conduct issues not identified or considered – Held, disadvantage grievances established – compensation and costs awarded - reinstatement not reasonable or practical.