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Judgments of the Court 2011

Employment Court - Judgments of the Court

Judgments of the Employment Court from 1 July 2006 are available below.Earlier decisions may be obtained from a commercial supplier - Brookers Ltd or LexisNexis. ERA determinations;are issued by the Department of Labour.

"From time to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law. These are marked with an * in the monthly lists of all judgments and consolidated on the  Decisions of Note page."

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Judgments 2011

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December

  •   NZEmpC 176 - not yet available
  • Maynard v BOP DHB [2011] NZEmpC 175 [Judge Travis, 22 December 2011] - Successful challenge to Authority's determination on s 114 issue.  Court held that plaintiff did raise a personal grievance within the statutory 90 day period or, in the alternative, that exceptional circumstances existed and it was just to grant leave  (PDF105KB)
  • NZEmpC 174 – not yet available
  • NZ Fire Service Commission v NZ Professional Fire [2011] NZEmpC 173 [Judge Travis, 20 December 2011]-Successful application by plaintiff for costs relating to successful application for interim injunctions to restrain strike. Delays by plaintiff in seeking discontinuance reduced costs awarded. (PDF 59KB)
  • *Grant v Vice Chancellor of University of Otago [2011] NZEmpC 172 [Chief Judge Colgan, 20 December 2011] - Parties agreed to Authority issuing recommendation under s 173A. Recommendation would become determination if parties did not object after 10 days. Plaintiff's counsel sought extension of time and defendant and Authority agreed. Plaintiff was not personally consulted. Defendant objected to the recommendation which was favourable to the plaintiff. Plaintiff argued that objection was too late as variation of deadline was not valid. Authority concluded variation valid. Court held it was not barred by ss 179 or 188 from deciding merits as issue was not procedural but substantive question concerning whether Authority had power to extend time. Effects of s 173A discussed. No requirement that variation be consented to personally. Variation, agreed by the parties, accepted by the Authority, and recorded properly can be made at any time up until the expiry of the period set by the Member for objection. No requirement that Authority had to redo the statutory affirmation procedure if the date variation was to be valid. Authority had implicit power under text of s 173A to extend date and power under s 221. Challenge dismissed. (PDF 117KB)
  • Advkit Para Legal Service v Weston. [2011] NZEmpC 171 [Judge Travis, 15 December 2011] - Interlocutory judgment in relation to costs.  In response to defendant's submission that a costs order be personally made against sole director of plaintiff, the Court directed that the defendant file an application, supported by affidavit evidence, to join director as a party for the purpose of costs. (PDF 55KB)
  • X v Secretary for Justice.pdf [2011] NZEmpC 170 [Judge Travis,14 December 2011] -Successful application for stay of Authority's order that prohibition of the publication of the plaintiff's name be lifted 28 days after the date of the determination.  Court granted further order, on conditions, prohibiting publication of plaintiff's name and any identifying details until challenge decided. (PDF 52KB)
  • Kim v Thermosash Commercial Ltd. [2011] NZEmpC 169 [Judge Inglis,14 December 2011] -Partially successful application by defendant to strike out proceedings.  No reasonable cause of action identified in relation to plaintiff's compensation claim for physical injury - ACC bar. (PDF126KB)
  •  The Postal Workers Union of Aotearoa v New Zealand Post Ltd [2011] NZEmpC 168 [Judge Inglis, 13 December 2011] - Unsuccessful challenge to Authority's findings on the interpretation, application and operation of terms in collective employment agreement related to on-call postal delivery employees.  On-call employees not entitled to the same terms and conditions as permanent postal workers. (PDF115KB)
  • Timmins v Asurequality Ltd (Formerly known as Asure NZ Ltd) [2011] NZEmpC167 [Judge Ford, 12 December 2011]- Unsuccessful application for non-publication order of Employment Court judgments. Plaintiff was unsuccessful in the Employment Court in 2006. Judgments had been public since 2006 and futile to order non-publication now. No exceptional medical or other circumstances to displace principle of open justice. (PDF 108KB)

  • Hepburn v Huhtamaki Henderson Ltd [2011]NZEmpC 166 [Judge Ford, 9 December 2011] -Unsuccessful application for finding that Dominion Post was in breach of non-publication order issued in [2011] NZEmpC 154. Section 196 of Act did not apply as this was not a case of alleged contempt in the face of the Court. Compliance order could not issue as Dominion Post was not party or witness to the proceeding. In any event, nothing in the article which flouted the non-publication order.(PDF 74KB)

  • O’Connor v Ports of Auckland Ltd [2011] NZEmpC165 [Judge Inglis, 7 December 2011] Unsuccessful challenge to Authority determination.  Court held that the plaintiff justifiably dismissed for serious misconduct, involving issues of security, safety and potential liability, while subject to a final written warning. (PDF102KB)

  • Taylor v Milburn Lime Ltd [2011] NZEmpC 164 [Judge Couch, 7 December 2011] -Successful challenge. Plaintiff unjustifiably dismissed. Plaintiff left workplace after argument and did not contact employer for several days. Court held that plaintiff's statements at work as to his future were equivocal and fair and reasonable employer would not rely on them as a resignation. Both parties breached the duty of good faith to be communicative in days after work argument. Plaintiff's contribution to situation assessed at 50% and remedies reduced accordingly. (PDF101KB)

  • Day v Lyttelton Port Co Ltd [2011] NZEmpC 163 [Judge Inglis, 7 December 2011] - Consent judgment in matter removed to Employment Court. Orders made as recorded in joint memorandum. (PDF 7KB)

  • Snowdon v Radio New Zealand Ltd [2011] NZEmpC 162 [Judge Travis, 5 December 2011] -Judgment explaining reasons for Court's orders that plaintiff and/or associated persons disclose the plaintiff's medical records, a report to the Serious Fraud Office, correspondence in relation to representation of the plaintiff and financial information. Timetable for costs submissions also ordered. Court satisfied it could deal with application for orders on basis it was defended despite plaintiff's inability to give instructions. Orders made would facilitate consideration of when proceedings should be brought on for hearing, case management and related issues. (PDF 112KB)
  •  Rush Security Services Ltd v Coverdale [2011] NZEmpC 161 [Judge Ford, 5 December 2011] - Unsuccessful challenge to Authority's finding that procedural defects in the process leading to the defendant's redundancy gave rise to a disadvantage grievance and its award to him of compensation. (PDF 147KB) 
  • *Angus & McKean v Ports of Auckland Ltd [ 2011] NZEmpC 160 [Full Court, 2 December 2011]- Full Court judgment providing guidance on the interpretation and application of ss 103A and 125 of the Employment Relations Act 2000, as amended with effect from 1 April 2011. Change from "would" to "could" in s 103A held to be neither ineffectual nor insignificant.  Court held that the legislation contemplates that there may be more than one fair and reasonable response that might justifiably be applied by a fair and reasonable employer in all the circumstances. Amended s 103A confirms the need for an objective approach and the requirement for procedural fairness, while expressing that minor error will not result in a dismissal being unjustified. Remedy of reinstatement under amended s 125 has no more or less prominence than the other statutory remedies for unjustified disadvantage or unjustified dismissal. In addition, the Court or Authority must be satisfied that reinstatement is both practicable in any particular case and that it is reasonable to make such an order. This means that if reinstatement is opposed by the employer, in addition to a need for that employer to substantiate its opposition by evidence, the employee will also need to provide the Court with evidence to support his or her claim. (PDF 154KB)
  •  Gwilt v Briggs & Stratton [2011] NZEmpC 159 [Judge Couch, 1 December 2011] - Consent judgment re disbursement of money paid into Court. (PDF 9KB)

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November

  •  NZ Postal Workers Union of Aotearoa v NZ Post Ltd [2011] NZEmpC 158 [Judge Inglis, 30 November 2011] - Interlocutory judgment.  Unsuccessful application by plaintiff for leave to file additional submissions after conclusion of hearing to correct an error of fact that the plaintiff claimed had occurred during counsel for the defendant's closing submissions.  The Court held that those  submissions did not materially misstate the evidence. (PDF 49KB)
  • Heritage Expeditions Ltd v Fraser [2011] NZEmpC 157 [Judge Couch, 30 November 2011] -Unsuccessful challenge concerning determination as to which entity employed the defendant. Court held that plaintiff was the defendant's employer at time of dismissal. Defendant did not agree to change in employer after originally being employed by the plaintiff. Authority's costs award set aside because of breach of natural justice and new award substituted  (PDF 157KB)
  • Sigglekow v Waikato DHB [2011] NZEmpC 156 [Judge Inglis, 30 November 2011]-Successful application for stay, subject to conditions. (PDF 61KB)
  • Te Runanga o Kirikiriroa Trust v Allen [2011] NZEMPC 155 [Judge Inglis, 29 November 2011]- Consent judgment recording settlement of challenge and cross-challenge to Authority's determination. (PDF 40KB)

  • Hepburn v Huhtamaki Henderson Limited. [2011] NZEmpC 154 [Judge Ford, 25 November 2011] -Successful application for order prohibiting publication of the names and identifying details of two exchange students (PDF 49KB)

  • Broughton v Microsoft NZ Ltd [2011] NZEmpC 153 [Chief Judge Colgan, 24 November 2011] -Interlocutory judgment.  Court held that particular pages of document in question did not attract legal privilege and therefore plaintiff entitled to have entire document disclosed to him. (PDF 69KB) 
  • *Blackmore v Honick Properties Ltd. [2011] NZEmpC 152 [Chief Judge Colgan, 24 November 2011] - Removal from Authority on preliminary issue relating to trial period provision under s 67A.  Court held plaintiff entitled to challenge the justification for his dismissal despite trial period provision in his employment agreement. Court concluded that the plaintiff was an existing employee of the defendant when he executed the individual employment agreement and thus was not an employee under the definition in s 67A(3) to whom a s 67A(1) trial provision in an employment agreement could apply. Alternatively, the Court found that the employment agreement, and particularly the trial period provision, was unfairly bargained for by the defendant under s 63A(2) as the plaintiff had no opportunity to consider, take advice on or negotiate the draft agreement, meaning the trial period clause is liable to be deleted with retrospective effect. (PDF 178KB)
  •  Penny v Fonterra Co-Operative Group Limited [2011] NZEmpC 151 [Judge Couch, 23 November 2011] - Unsuccessful challenge to Authority's determination declining to reopen its investigation and determine the plaintiff's claims on their merits.  The Court held that the prior settlement agreement between the parties was valid and enforceable. (PDF 94KB)
  • Parker v Silver Fern Farms Ltd [2011] NZEmpC 150 [Chief Judge Colgan, 21 November, 2011] -Discharge of interim non-publication order by consent (PDF 41KB )
  • New Zealand Professional Firefighters Union & Ors v New Zealand Fire Service Commission [2011] NZEmpC 149 [Judge Ford, 21 November 2011] - Unsuccessful challenge to interpretation of a clause in the collective agreement in relation to an on-call roster for Fire Safety Officers. The Court agreed with the Authority that the meaning of this clause is clear and unambiguous and the Fire Service is entitled to place Fire Safety Officers on an on-call roster and amend that roster from time to time for operational reasons without first obtaining the employee's agreement. (PDF 158KB)
  • Service and Food Workers Union Nga Ringa Tota Inc v Public Service Association Te Pukenga Here Tikanga Mahi Inc v Pact Group Charitable Trust [2011] NZEmpC 148. [Judge Couch, 17 November 2011} -Application for injunction to restrain lockout.  Court held that supported accommodation facilities satisfied Sch 1 definition of "residential welfare institutions" and therefore were essential services.  Proposed lockout was unlawful to the extent it related to employees engaged in operations of supported accommodation facilities because notice requirements of s 91 of Employment Relations Act 2000 not met (PDF 119KB)
  • Mason Engineers (NZ) Ltd v Hodgson [2011]NZEmpC 147 [Chief Judge Colgan, 10 November 2011]- Successful application for further freezing order.  Judgment entered against defendant in her absence following her failure to take any steps to defend proceedings.  Court declined to release monies previously frozen by order of the Court, or give title to property, to partly satisfy judgment on basis that Court lacks jurisdiction to so execute a judgment. (PDF 901KB)
  • North Dunedin Holdings Ltd & Booth v  Harris & Cousins [2011]NZEmpC146 [Judge Couch, 9 November 2011]- Unsuccessful challenge. Compliance order against plaintiffs enforcing statutory record of settlement issued. (PDF 59KB)
  • Te Runanga O Kirikiriroa Trust Inc v Allen [2011] NZEmpC145 [Judge Ford, 3 November 2011 ]-Interlocutory judgment.  Unsuccessful bid for Court to exercise its powers under cl 12(1) of Sch 3 to the Employment Relations Act 2000.  Court declined to make an order prohibiting publication of allegedly objectionable parts of a previous Authority determination.(PDF KB) (PDF 83KB) 
  • NZ Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2011] NZEmpC 144 [Judge Ford, 2 November 2011] - Removal from Authority.  Unsuccessful claim by plaintiff that training for higher positions to be offered to workers in accordance with their seniority.  Court held meaning of clause containing seniority provisions is clear and unambiguous and does not apply to training entitlement. (PDF 131KB)
  •  NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [2011] NZEmpC 143 [Chief Judge Colgan, 1 November 2011] - Unsuccessful application for interim injunction to restrain lockout. Public interest requirement for lockout notices in essential services in s 91 applied. (PDF113KB)
  • Coy v The Commissioner of Police [2011] NZEmpC 142 [Chief Judge Colgan, 1 November 2011] - Consent judgment. (PDF37KB)
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 October

  • Silver Service Skips Ltd v Little [2011] NZEmpC 141 [Judge Couch, 28 October 2011] - Successful application for leave to file statement of defence out of time. (PDF 70KB)
  • Gwilt v Briggs & Stratton NZ Ltd. [2011] NZEmpC 140 [Judge Couch, 27 October 2011] - Challenge to determination of Authority finding that the plaintiff had contributed significantly to the situation giving rise to his unjustified dismissal. Court upheld this finding and also declined to order reinstatement sought by plaintiff (PDF 188KB)
  • Polzleitner and Zink v WWW Media Ltd [2011] NZEmpC 139 [Chief Judge Colgan, 26 October 2011] - Interlocutory judgment.  Successful application for security for costs and stay of proceedings (PDF 64KB) 
  • Amien v Reipen and Others [2011] NZEmpC 138 [Judge Ford, 26 October 2011] - Consent judgment. Ancillary order to proposed freezing order cancelled after parties reach agreement for suitable security (PDF 10KB) 
  • Service and Food Workers Union Nga Ringa Tota Inc v PACT Group Charitable Trust {2011] EmpC 137[Chief Judge Colgan, 21 October 2011] - Successful without notice application for interim injunction prohibiting lockout.  Lockout arguably unlawful due to failure to comply with statutorily required notice for Schedule 1, Part A Essential Service. (PDF 61KB)

  • Croft & Ors v Transfield Services (NZ) Ltd [2011] NZEmpC 136 [Judge Travis, 21 October 2011] - Costs (PDF 63KB)

  • NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (NZ) Ltd [2011] NZEmpC 135 [Judge Ford, 21 October 2011] - Successful challenge. Estoppel by convention applied. Unconscionable to now apply different interpretation of collective agreement to that which had operated and been consented to by the parties  (PDF 110KB)

  • Muldoon v Nelson Marlborough DHB [2011] NZEmpC 134  [Chief Judge Colgan, 20 October 2011] - costs .(PDF 47KB)

  • Mason Engineers (NZ) Ltd v Hodgson [2011] NZEmpC 133 [Chief Judge Colgan, 20 October 2011] -Successful application for further freezing order to have effect until substantive proceedings commence on 10 November 2011.(PDF 41KB)

  • Kaipara v Carter Holt Harvey Ltd [2011] NZEmpC 132 [Judge Travis, 18 October 2011] - Reasons for dismissal of defendant's application for security for costs. (PDF 124KB)
  • Yang v L E Builders Ltd [2011] NZEmpC 131 [Judge Travis, 18 October 2011] - Court adjourned application to join former director of defendant company as a party to proceedings, for purpose of making costs order against him, until substantive challenge disposed of.(PDF 65KB)
  • Heperi v Heinz Watties Limited [2011] NZEmpC 130 [Judge Travis, 17 October 2011] - Consent judgment.(PDF 31KB)
  • Patel v Pegasus Stations Ltd [2011] NZEmpC 129 [Judge Ford, 13 October 2011] -Unsuccessful application to strike out two disadvantage claims as matters not before Authority. Court held that matters were before Authority although not as specified disadvantage claims. Allegations against Authority Member struck out.(PDF 95KB)
  • McKean v Ports of Auckland Ltd [2011] NZEmpC 128 [Judge C Inglis, 12 October 2011] - Unsuccessful application for interim reinstatement.(PDF 130KB)
  • Bishop v Bennett [2011] NZEmpC 127 [Judge Couch, 6 October 2011]-Unsuccessful challenge. Defendant unjustifiably dismissed. Compensation for humiliation reduced by 10% because of defendant's contribution. (PDF 162KB)
  • EBIIWU v Norske Skog Tasman Ltd  [2011] NZEmpC 126 [ Judge Travis, 5 October 2011] -Interlocutory judgment. Parties permitted to file evidence of previous negotiations, agreements, custom and practice at defendant company. (PDF 66KB)
  • Angus v Ports of Auckland Ltd [2011] NZEmpC 125 [Chief Judge Colgan, 5 October 2011] -Successful application for interim reinstatement following removal from Authority. (PDF 159KB)
  • Amien v Reipen and others [2011] NZEMpC  124 [Judge Ford, 5 October 2011]-Application for freezing and ancillary order. Ancillary order granted to discover assets of first defendant in New Zealand on condition security paid into Court.(PDF 68KB)
  • NZ Professional Firefighters Union v NZ Fire Service [2011] NZEmpC  123 [Judge Couch, 3 October 2011] -Judgment recording settlement of proceedings removed.(PDF 8KB)

  • Chen v Banclogix Ltd[2011] NZEmpC  122 [Judge Ford, 3 October 2011] - Unsuccessful challenge.  Court held neither the plaintiff's unjustified dismissal grievance or unjustified disadvantage grievance raised within 90-day statutory limitation period. (PDF105KB)

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September

  • Ford v Te Awhi Whanau Charitable Trust [2011] NZEmpC  121 [Chief Judge Colgan, 29 September 2011] - Consent judgment. (PDF 44KB)

  • Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union  of Workers Inc v Real Journeys Ltd [2011] NZEmpC 120 [Judge Couch,  28 September 2011]- Partially successful non de novo challenge. Penalty imposed by Employment Relations Authority on plaintiff union not justified despite breach of good faith. In all other respects plaintiffs unsuccessful in their redundancy related grievances. Procedures and principles of non de novo challenges discussed. (PDF 305KB)

  • French v Accident Compensation Corporation [2011] NZEmpC 119 [Judge Couch, 27 September 2011] -Successful application for adjournment. Correct procedures for non de novo challenges discussed. Adjournment granted with conditions.(PDF 57KB)

  • Booth & North Dunedin Holdings Ltd v Harris & Cousins [2011] NZEmpC 118 [Judge Couch, 26 September 2011]- Application for stay of compliance order. Stay granted for one week and will lapse after one week unless money paid in Court.(PDF 52KB)

  • Advkit v Weston [2011] NZEmpC 117 [Judge Travis, 26 September 2011] -Unsuccessful application for rehearing. New evidence did not undermine earlier findings of the Court. No injustice if rehearing not ordered (PDF 83KB)

  • Pollett v Browns Real Estate Ltd. [2011] NZEmpC 116 [Chief Judge Colgan, 23 September2011]- Unsuccessful application for leave to extend time to challenge Authority's determination (PDF 80 KB)

  • Muldoon v Nelson Marlbrough DHB [2011] NZEmpC 115 [Chief Judge Colgan, 16 September 2011] -Successful request by plaintiff for recall and correction of substantive judgment to deal with plaintiff's claim for interest.  Failure by the Court to deal with the claim for interest in the substantive judgment was an error arising from an accidental omission. (PDF 67KB)
  • Tuapawa v AFFCO New Zealand Ltd [2011] NZEmpC 114 [Judge Ford, 8 September 2011] -Successful challenge. Warnings given to plaintiff substantively and procedurally unjustified. Plaintiff's contribution assessed and remedy reduced. (PDF 129KB)
  • Idea Services Ltd v Western[2011] NZEmpC 113 [Judge Couch, 8 September 2011 ]- Consent judgment recording that the parties have agreed terms of settlement which dispose of all issues in the proceeding. (PDF 7KB)
  • Pivott and Anor v Southland Adult Learning Programme [2011] NZEmpC 112 [Chief Judge Colgan, 2 September 2011] -Costs. (PDF 55KB).
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August

  • Gaut v BP Oil New Zealand Ltd [2011] NZEmpC 111 [Judge Ford, 30 August 2011] -Costs. Effect of Calderbank offers when reinstatement sought discussed. (PDF 108KB)
  • Hurst v Eagle Equipment Ltd [2011] NZEmpC 110 [Judge Travis, 26 August 2011] –Partially successful application.  Extension of time granted to file challenge against Authority's determination of personal grievance claim.  Extension of time denied in respect of applicant's wish to pursue commission claims. (PDF 1452KB)
  • Evolution E-Business Ltd v Smith [2011] NZEmpC 109 [Judge Ford, 26 August 2011]- Unsuccessful proceeding for breach of confidentiality agreement, failure to obey reasonable instruction and performing work for competitor while employed by plaintiff. Defendant swore affidavit disclosing possible breach of High Court injunction. No breach of confidence in disclosure of iniquity. (PDF 228KB)
  • Auckland District Health Board v Bierre [2011] NZEmpC 108 [Chief Judge Colgan, 23 August 2011] - Questions of evidence admissibility. Court held that none of the impugned evidence intended to be led by the plaintiff was inadmissible.(PDF 144KB)
  • Rush Security Services Ltd T/A Darien Rush Security v Samoa [2011] NZEmpC 107 [Chief Judge Colgan, 19 August 2011]-Costs.(PDF 52KB)
  • New Zealand Meat Workers Union v AFFCO New Zealand Ltd [2011] NZEmpC 106 [Judge Ford, 15 August 2011]- Unsuccessful challenge. Site agreement concluded in November 2008 and later modified, under which plant has functioned, confirmed as operative from that date.(PDF 114KB)
    Footnote 1 - Application for leave to appeal denied by Court of Appeal
  • Mason Engineers (NZ) Ltd v Hodgson [2011] NZEmpC 105 [Chief Judge Colgan, 12 August 2011]- Successful application to extend freezing order. Case management directions.(PDF 48KB)
  • Creedy v Commissioner of Police [2011] NZEmpC 104 [Chief Judge Colgan, 11 August 2011] - Unsuccessful challenge on two points.  Reinstatement for unjustified disadvantage claim not available in circumstances where employee resigns and is unable to bring a constructive dismissal challenge. Review by the Court of the nature and scope of evidence that the Authority allows outside the function of the Court - s 188(4). (PDF 94KB)
  • Muldoon v Nelson Marlborough DHB [2011] NZEmpC 103 [Chief Judge Colgan, 10 August 2011]- Successful challenge; plaintiff unjustifiably dismissed. Plaintiff employed on succession of fixed term agreements (s 66 of Act) which ended but his employment continued. Section 66 not complied with and employment became permanent. Intersection of casual and fixed term employment discussed.(PDF153KB)
  • Broughton v Microsoft NZ Ltd [2011] NZEmpC 102 [Chief Judge Colgan, 10 August 2011]- Objections by defendant to disclosure of documents because of legal professional privilege. Documents copied to in house counsel not privileged. Further information required to determine privilege of remaining documents.(PDF 68KB)
  • Arkompat v Thai Chilli Co Ltd T/A Thai Chilli [2011] NZEmpC 101 [Chief Judge Colgan, 10 August 2011]- Unsuccessful application to extend time for filing challenge.  Reasons for denial of application were the combination of significant lateness to notify intention to challenge, with insufficient reasons for this, the absence of identification of the merits of the applicant's case and the ongoing prejudice to the respondents.(PDF 95KB)
  • Liu v South Pacific Timber (1990) Ltd [2011] NZEmpC 100 [Chief Judge Colgan, 10 August 2011]- Successful application allowing plaintiff an extension to file his challenge out of time.(PDF 107KB)
  • Broughton v Microsoft NZ Ltd [2011] NZEmpC 99 [Chief Judge Colgan, 10 August 2011] - Interlocutory judgment determining defendant's objection to disclosure and inspection of certain documents.  Document and email communications in which defendant claims legal privilege to be made available to Court for inspection.  Defendant to file affidavits in relation to missing diaries and the nature of its electronic record keeping systems. (PDF 76KB)

  • Snowdon v Radio New Zealand Ltd [2011] NZEmpC 98 [Judge Travis, 2 August 2011]-Successful application to adjourn proceedings in WRC 8/09. Plaintiff unlikely to be present at hearing and may not be able to give instructions due to her health. (PDF 54KB)

  • Quan Enterprises Ltd v Fair [2011] NZEmpC 97 [Judge Ford, 1 August 2011] -Successful application to file statement of defence out of time (PDF 64KB)

  • Snowdon v Radio New Zealand Ltd [2011] NZEmpC 96 [Judge Travis, 29 July 2011] -Reasons for previous judgment in respect of application for adjournment.– (PDF 64KB)

  • *Walker v Procare Health Ltd [2011] NZEmpC 95 [Judge Ford, 1 August 2011] -  Interlocutory judgment dealing with two matters. Counsel for defendant not disqualified from acting at hearing. Rules of Conduct and Client Care for lawyers in context of counsel acting at early stage of employment dispute and independence of counsel considered. General guidance to counsel, particularly with respect to Supreme Court decision in Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, offered. In relation to second issue, plaintiff free to call witness with consent of defendant (PDF 112KB)

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July

 

  • Snowdon v Radio New Zealand  Ltd [2011] NZEmpc 94 [Judge Travis, 25 July 2011] -Partially successful application for adjournment (PDF 41KB).
  • Little Turkish Cafe Ltd v Barzegari [2011] NZEmpc 93 [Chief Judge Colgan, 21 July 2011] - Consent judgment (PDF 34KB)
  • Katz v Mana Coach Services Ltd [2011] NZEmpc 92 [Judge Ford, 21 July 2011] -Unsuccessful application for rehearing of [2011] NZEmpC 49. Grounds for rehearing questions of law now before Court of Appeal which is appropriate forum for those questions. (PDF 74KB)
  • Arora v Sato New Zealand Ltd [2011] NZEmpC 91 [Chief Judge Colgan, 20 July 2011]-Consent judgment. (PDF 9KB)
  • Prasad v Breakspeare Industries Ltd T/A Coastline Property Services [2011] NZEmpc 90 [Judge Travis, 25 July 2011] -Consent  judgment (PDF 9KB)
  • Young v Bay of Plenty District Health Board [2011] NZEmpC 89 [Chief Judge Colgan, 20 July 2011] - Successful application for security for costs.  Challenge stayed until such security provided.(PDF 62KB)
  • Katz v Mana Coach Services Ltd 2011] NZEmpC 88 [Judge Ford, 18 July 2011] - Costs (PDF 9KB)
  • Mason Engineers (NZ) Ltd v Hodgson [2011] NZEmpC 87 [Chief Judge Colgan, 15 July 2011] - Extension of freezing order  (PDF 47KB)
  • Wilson v ABC Developmental Learning Centres (NZ) Ltd [2011] NZEmpC 86 [Judge Couch, 13 July 2011] -Successful challenge. Holiday pay ordered and personal grievance relating to timing of leave upheld (PDF70 KB)
  • Melville v Air New Zealand Ltd [2011] NZEmpC 85 [Judge Travis, 12 July 2011]-Costs(PDF 66KB)
  • NZ Airline Pilots Assn v Air Nelson Ltd [2011] NZEmpC 84 [Judge Travis, 11 July 2011]- Remedies.  Pilots who did not receive rostered weekend off as required are to receive that in addition to their other rostered weekend off in any 28 day roster period.(PDF 57KB)
  • NZ Professional Firefighters Union v NZ Fire Service Commission [2011] NZEmpC 83 [Chief Judge Colgan, 11 July 2011]- Supplementary judgment.  Unsuccessful application by plaintiff to exercise leave to determine matters in relation to mediation. (PDF 52KB)
  • Mason Engineers (NZ) Ltd v Hodgson [2011] NZEmpC 82 [Chief Judge Colgan, 8 July 2011]- Successful without notice application for freezing order (PDF 89KB)
  • Callaghan v Taege Manufacturing Ltd [2011] NZEmpC 81 [Judge Travis, 8 July 2011] - Successful challenge to Authority costs determination (PDF 95KB)
  • *NZ Professional Firefighters Union v NZ Fire Service Commission [2011] NZEmpC 80 [Chief Judge Colgan, 8 July 2011]-Proceedings removed from the Authority.Successful application for compliance order to enforce bargaining agreement preventing the giving of notice of strike action before mediation had taken place. (PDF 94KB)

    Footnote 2 – Application for leave to appeal granted by Court of Appeal

    Footnote 3 - Appeal allowed by Court of Appeal

  • Simich and Ors v Air New Zealand Ltd [2011] NZEmpC 79 [Chief Judge Colgan, 8 July 2011]- Interlocutory judgment deciding whether certain matters should be dealt with as interlocutory questions. (PDF 95KB)
  • NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [2011] NZEmpC 78 [Judge Ford, 6 July 2011]-Unsuccessful application for special leave to remove proceedings to Employment Court. (PDF 37KB)
  • Mercer v Maori Televison Service [2011] NZEmpC 77 [ Judge Travis, 1 July 2011] - (PDF KB)
  • Rush Security Services Ltd v Samoa. [2011] NZEmpC 76  [Chief Judge Colgan, 1 July 2011] -Unsuccessful challenge. Defendant's employment, while initially of a casual nature, became employment of indefinite duration over a six month period.  The Defendant was therefore held to have been unjustifiably dismissed. (PDF 65KB)
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June

 

  • Talbot v NZ Airline Pilots Association Industrial Union of Workers Inc [2011] NZEmpC 75 [Chief Judge Colgan, 29 June 2011] (PDF KB)
  •  Snowdon v Radio New Zealand Ltd [2011] NZEmpC 73 [ Judge Travis, 24 June 2011]-Successful application for strike out relating to one part of proceedings (WRC 8/09) (PDF KB)

  • Jansen Limited v Tree [2011] NZEmpC 72 [Judge Ford, 24 June 2011]- Costs (PDF KB)

  • Gaut v BP Oil [2011] NZEmpC 71 [Judge Ford, 23 June 2011]- Successful challenge. Plaintiff's dismissal procedurally unjustified (PDF KB)

  • Telecom New Zealand Ltd v Long [ 2011] NZEmpC 70 [Chief Judge Colgan, 23 June 2011] -Reasons for granting application by plaintiff for without notice search orders (PDF 16KB)

  • Zhang v Sam's Fukuyama Food Service [2011] NZEmpC 69 [Judge Ford, 23 June 2011] – Costs (PDF KB)

  • Army Surplus Disposals Ltd v Reed. [2011] NZEmpC 68 [Judge Perkins, 22 June 2011]- Unsuccessful challenge to Authority's finding that the plaintiff was liable to the defendant for outstanding wages and holiday pay (PDF KB)

  • Pivott & Anor v Southern Adult Literacy Inc & Anor [2011] NZEmpC 67 [Chief Judge Colgan, 22 June 2011]-Unsuccessful challenge to Authority's decision not to remove proceeding to Employment Court. (PDF KB)

  • SFWU v Searancke [2011] NZEmpC 66 [Chief Judge Colgan, 20 June 2011]- Consent order (PDF KB)

  •  Zhou v CE of DOL [2011] NZEmpC 65 [Chief Judge Colgan, 20 June 2011]- Defendant's objections to producing documents based on the assertion that disclosure of these would be injurious to the public interest upheld. (PDF KB)

  • Brake v Grace Team Accounting [2011] NZEmpC 64 [Chief Judge Colgan, 20 June 2011]-Ruling on disclosure of documents held by defendant and successful application for security for costs."(PDF KB)

  • *Hally Labels Ltd v Powell [2011] NZEmpC 63 [Judge Travis, 16 June 2011]- Reasons for Court's decision in [2010] NZEmpC 60, which declared the defendant's purported cancellation to be invalid and of no effect and which issued a permanent injunction for a 12 month restraint of trade.(PDF KB)

  • Greymouth Dental Centre Ltd v Bowkett [2011] NZEmpC 62  [Judge Travis, 13 June 2011]- Unsuccessful challenge to Authority costs determination. (PDF KB)

  • Tatua Co-operative Dairy Co Ltd v NZ Dairy Workers' Union Te Runanga Wai U Inc [2011] NZEmpC 61 [Judge Travis, 13 June 2011] –costs (PDF KB)

  • Hally Labels Ltd v Powell [2011] NZEmpC 60  [Judge Travis, 13 June 2011]- Removal from Authority.  Court held that defendant's purported cancellation invalid and of no effect.  Permanent injunction issued for 12 month restraint of trade.  Reasons to follow."(PDF KB)

  • Costley  v  Waimea Nurseries Ltd [2011] NZEmpC 59 [Judge Ford, 9 June 2011] - Successful application for leave to extend time for filing challenge (pdf KB)

  • Goodfellow  v Building Connexion Ltd [2011] NZEmpC 58 [Judge Couch, 3 June 2011] - Unsuccessful application to recall judgment on costs  (pdf KB)

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May

  • Wade v Hume Pack-N-Cool Ltd [2011] NZEmpC 57 [ Judge Travis, 27 May 2011] - Unsuccessful application to reinstate a challenge to a determination of the Employment Relations Authority" (pdf KB)

  •  Sealord Group Ltd v Service & Food Workers’ Union Nga Ringa Tota [2011] NZEmpC 56 [ Judge Couch, 27 May 2011]- Unsuccessful challenge. Interpretation of annual holidays and service leave provisions in collective agreement. (pdf KB)

  • Cerebos Greggs Ltd v Service & Food Workers’ Union Nga Ringa Tota [2011] NZEmpC 55 [Judge Couch, 27 May2011] - Successful challenge. Interpretation of annual holidays provisions in collective agreement (pdf KB)

  • Madden v Worldxchange Communications Ltd [2011] NZEmpC 54 [Judge Ford, 27 May 2011]  - Costs  (pdf KB)

  • NZ Amalgamated Engineering Printing and Manufacturing Union v SCA Hygiene Australasia [2011] NZEmpC 53 [Judge Travis, 26 May 2011]- Costs (pdf KB)

  •  C v Air Nelson Ltd [2011] NZEmpC 52 [Judge Perkins, 26 May 2011]- Costs (pdf KB)

  • Health and Body Clinic Ltd  & Ors v Zhao [2011] NZEmpC 51[ Judge Perkins, 23 May 2011]- Successful challenge to costs determination (pdf KB)

  • Raukura Hauora o Tainui Trust v Nathan [2011] NZEmpC 50 [Judge Ford, 25 May 2011] – Amount of damages plus interest determined and ordered (pdf KB)

  • Katz v Mana Coach Services Ltd [2011] NZEmpC 49 [Judge Ford, 25 May 2011] - Unsuccessful challenge. Common law indemnification of employee by employer considered (pdf KB)

    Footnote 1 - Application for leave to appeal denied by Court of Appeal
  • Clear v Waikato District Health Board [2011] NZEmpC48  [Judge Ford, 23 May 2011] - Decision as to remedies following earlier finding of liability by defendant. (PDF KB)
  • Alo v NZ Customs Service [2011] NZEmpC47 [Judge Travis, 20 May 2011] - Consent judgment (PDF KB)
  • Rush Security Services Ltd v Samoa [2011] NZEmpC46 [Judge Perkins, 19 May 2011] -Successful application for stay of proceedings, on condition monies lodged with the Court (PDF KB)
  • Bachu v Davie Motors Ltd [2011] NZEmpC45 [Judge Perkins, 20 May 2011] - Costs in situation where plaintiff legally aided. (PDF KB)
  • *Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [2011] NZEmpC44 [Judge Travis, 18 May 2011] -Proceedings removed.  Plaintiff entitled to transfer his employment, pursuant to Part 6A of the Employment Relations Act 2000, as a full time employee. (PDF KB)
  •  Hally Labels Ltd v Powell [2011] NZEmpC43 [Judge Travis, 13 May 2011] - Unsuccessful application by plaintiff for an interim injunction. (PDF KB)
  • Tertiary Education Union v CEO Western Institute of Technology & Ors [2011] NZEmpC 42 [Full Court, 11 May 2011] - (PDF 33KB)
  •  ABC Developmental Learning Centres v Plasmeyer [2011] NZEmpC41 [Chief Judge Colgan, 6 May 2011] – Costs (PDF KB)
  •  Rush Security Services Ltd v Coverdale [2011] NZEmpC 40 [Chief Judge Colgan, 2 May 2011] – Successful application for stay on proceedings on condition plaintiff deposit $3,000 to the Court. (PDF 7KB)
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April

  •  NZ Defence Force v PSA [2011] NZEmpC 39 [Judge Ford, 20 April 2011] - Unsuccessful challenge. Interpretation of annual leave provision in collective agreement (PDF 92KB)
  • French v The Warehouse Ltd  [2011] NZEmpC 38 [Chief Judge Colgan, 15 April 2011 ]Unsuccessful application by defendant for proceedings to be struck out (PDF 79KB) 
  •  *Vice Chancellor of Massey University v Wrigley and Kelly [2011] NZEmpC 37 [Full Court judgment, 18 April 2011]  "Scope and application of ss 4(1A), 4(1B), 4(1C) of the ERA. In particular the relationship between s 4(1A)(c) and privacy rights including those under the Privacy Act 1993. Defendants were made redundant by employer after restructuring. Decision examines required disclosure of documents and information to existing employees who were candidates for continued employment after restructuring. Was information relevant and confidential and was privacy interest good reason for employer not to disclose.(PDF 57 KB) 
  •   *Zhou v CE of DOL [2011] NZEmpC 36  [Chief Judge Colgan,15 April 2011] - Successful application by plaintiff for further particulars of defence; plaintiff's application for appointment of special advocate adjourned sine die; order that defendant file further and better affidavit setting out grounds for objection to producing specified documents on ground that to do so will be injurious to the public interest .(PDF 59KB)
  •  Yang v LE Builders Ltd [2011] NZEmpC 35 [Chief Judge Colgan,15 April 2011]- Unopposed application for order that an original document be made available for inspection and forensic examination .(PDF 36KB)
  •  Martin v Northland Education Trust Inc [2011] NZEmpC34 [Chief Judge Colgan, 14 April 2011] -Successful challenge.  Plaintiff unjustifiably dismissed.(PDF 57KB)
  • *Tertiary Education Union v Western Institute of Technology [2011] NZEmpC33 [Full Court Judgment, 14 April 2011] -Interpretation and application of s 47 of the ERA. Employers initiated bargaining for a multi party collective agreement with the union. Section 47 permits bargaining to continue after union members approve bargaining through ballot. Here, members did not approve. Employers argued bargaining continued regardless. Court held the consequence of negative ballot was that bargaining concluded  .(PDF76 KB)

    Footnote 2 – Application for leave to appeal granted by Court of Appeal

    Footnote 4 - Appeal dismissed by Court of Appeal

  • New Zealand Meat Workers Union of Aotearoa Inc v AFFCO New Zealand Ltd [2011] NZEmpC32 [Judge Ford, 12 April 2011] -Interpretation of seniority clause in collective agreement removed by Authority. Seniority to apply to union members and non-members with respect to lay-offs.(PDF61KB)
  • Ravnjak v Wellington International Airport Ltd [2011] NZEmpC31 [Chief Judge Colgan, 11 April 2011] - Video recording inadmissible in Authority by virtue of s 52 of the Private Investigators and Security Guards Act 1974. Authority to use discretion as to admission of related evidence. Whether reasonable employer would rely on illegally obtained evidence to be decided by Authority on s 103A basis .(PDF 45KB)
  • Van Interiors Ltd v Malik [2011] NZEmpC30 [Chief Judge Colgan, 7 April 2011] -Challenge dismissed for non-compliance with court directions to file amended statement of claim.(PDF 59KB)
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 March

  • Bunton v Garden City Helicopters Ltd [2011] NZEmpC29 [Judge Travis, 31 March 2011] Matter removed from the Authority. Plaintiff not an employee within s 6 of the Act. Plaintiff's claim dismissed (PDF 46KB) 
  • Zhang v Sam’s Fukuyama Food Service Ltd [2011] NZEmpC28 [Judge Ford, 30 March 2011] - Plaintiff unjustifiably dismissed after raising workplace concerns. Reinstatement ordered. Recommendation for Labour Department to explain employer’s obligations (PDF 66KB) 

    Footnote 2 – Application for leave to appeal granted by Court of Appeal

  • *C v Air Nelson [2011] NZEmpC27 [Judge Perkins, 29 March 2011] -Successful challenge.  Plaintiff held to have been unjustifiably dismissed.  Reinstatement ordered in addition to other remedies.  Permanent prohibition of name ordered  (PDF 56KB) 
    Footnote 1 - Application for leave to appeal denied by Court of Appeal
  • Benge and others v Air New Zealand [2001] NZEmpC26 [Chief Judge Colgan, 29 March 2011] Partially successful application by defendant for further and better particulars. (PDF 49KB) 
  • George v Auckland Regional Council [2011] NZEmpC25 [Judge Travis, 24 March 2011]-Successful application for two related proceedings to be heard at the same hearing (PDF 59KB) 
  • Matsuoka v LSG Sky Chefs New Zealand Ltd [2011] NZEmpC24 [Chief Judge Colgan, 21 March 2011]--Successful application for leave to be heard (PDF 63KB)
  • Drapac Ltd v Peng [2011] NZEmpC23 [Chief Judge Colgan ,21 March 2011]-Successful application to vary terms of order for stay (PDF 64KB) 
  • Bachu v Davie Motors Ltd [2011] NZEmpC22 [Judge Perkins ,17 March 2011] -Unsuccessful challenge to Authority determination.  Plaintiff held to have resigned and not unjustifiably dismissed.  Authority's orders as to costs upheld (PDF 59KB) 
  • Maddern v Worldxchange Communications Ltd [2011] NZEmpC21 [Judge Ford, 14 March 2011] -Partially successful challenge.  Defendant held to have breached its obligation of trust and confidence and good faith towards the plaintiff (PDF 71KB) 
  • Miller v Fonterra Co-operative Group Ltd [2011] NZEmpC20 [Judge Travis, 4 March 2011] -  Successful application for further and better disclosure
  • Masina v Commissioner, Te Kura Kaupapa Maori O Piripono Te Kura Whakahou O Otara [2011] NZEmpC19 [Judge Perkins, 2 March 2011] – costs (PDF 39KB)
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February

  • Johnstone v Moreland [2011] NZEmpC18 [Chief Judge Colgan, 25 February 2011]- Successful challenge to one aspect of Authority's findings. (PDF 56KB).
  • Clarke v Affco [2011] NZEmpC17 [Chief Judge Colgan, 25 February 2011]- Unsuccessful challenge to Authority's determination.  Plaintiff justifiably dismissed. (PDF KB).
  • Drapac Ltd v Peng [2011] NZEmpC16 [Chief Judge Colgan, 23 February 2011]-Successful application for stay of execution conditional on plaintiff paying money to Court within 7 days. (PDF KB).
  • ABC v Plasmeyer [2011] NZEmpC15 [Chief Judge Colgan, 23 February 2011]- Successful challenge.  Defendant liable to repay total of course associated costs as per Return of Service Agreement (PDF KB).
  • NZEPMU v Steelfort Engineering Co Ltd [2011] NZEmpC14 [Judge Ford, 21 February 2011]- Defendant's actual costs not at a reasonable level and reduced amount of costs awarded (PDF B).
  • Carter Holt Harvey Ltd v Eastern Bays Independent Industrial Workers Union [2011] NZEmpC13 [Judge Ford, 21 February 2011] -Costs challenge.  Defendant's alternative approach to costs allowed(PDF KB).
  • Unite Union Inc and Sherman v SkyCity Auckland Ltd [2011] NZEmpC12 [Judge Travis, 14 February 2011] - Unsuccessful application for injunction to restrain lockout PDF 1KB).
  • Ovation NZ Ltd v Puhia [2011] NZEmpC11 [Chief Judge Colgan, 14 February 2011] -Unsuccessful challenge.  Defendant had raised personal grievance within 90 day period. (PDF 49KB).
  • Gyenge v Clifford Lamar Ltd  [2011] NZEmpC10 [Judge Ford, 10 February 2011] - Costs.  (PDF 56KB).
  • Naturex Limited v Rogers [2011] NZEmpC9 [Judge Ford ,10 February 2011] - Unsuccessful application for costs related to mediation. (PDF 10KB).
  • Service v YMCA Christchurch [2011] NZEmpC8 [Judge Ford, 9 February 2011] - Successful challenge. Dismissal unjustified. Reopening of historical workplace incident by new employer not fair and reasonable. (PDF 24KB).
  • Smith v Life to the Max Horowhenua Trust [2011] NZEmpC7 [Judge Ford, 8 February 2011] - Costs (PDF 93KB).
  • Green v Transpacific Industries Group Ltd [2011] NZEmpC6 [Chief Judge Colgan, 3 February 2011] - Partially successful challenge.  More narrow scope of injunctive relief granted to the defendant in relation to the plaintiff's restraint of trade. (PDF 108KB).
  • Ingham v August Models and Talent Ltd [2011] NZEmpC5 [Chief Judge Colgan, 1 February 2011] -Application for a sequestration order.  Proceedings adjourned after arrangements made for commencement of payment  (PDF 46KB).
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January

  • Pacific Loans Ltd v Nunia Viau-Hala’api’api May Les [2011] NZEmpC4 [Judge Couch, 24 January 2011]   (PDF 61KB)
  • Northland District Health Board &  20 others v NZ Resident Doctors Association Inc [2011] NZEmpC 3 [Chief Judge Colgan, 20 January 2011](PDF 189KB)
  • Jinkinson v Oceana Gold (NZ) Ltd [2011] NZEmpC 2 [Judge Couch, 19 january 2011] (PDF 56KB)
  • Gyenge v Clifford Lamar Ltd [2011] NZEmpC1 [Judge Ford, 10 January 2011] - Successful challenge.  Plaintiff held to have been constructively dismissed.  Defendant's counterclaim for reimbursement of training costs rejected  (PDF221KB)
    Footnote 1 - Application for leave to appeal denied by Court of Appeal

 

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