Judgments of the Court 2010

Judgments of the court 2010

January February March April May June July August September October November December

December 2010

EBIIWU v Shakes and Norske Skog Tasman Ltd [2010] NZEmpC 165 [Chief Judge Colgan 23 December 2010] - Unsuccessful application for injunction (PDF KB)
CE of DoC v Waita [2010] NZEmpC 164 [Judge Travis, 21 December 2010] -Successful challenge. Grievances held not to have been raised within 90 days. Leave not granted to raise the grievances out of time (PDF KB)
Rose v The Order of St John [2010] NZEmpC 163 [Chief Judge Colgan, 21 December 2010] - Interlocutory judgment relating to proceedings removed from the Employment Relations Authority. Section 148 of the Employment Relations Act 2000 held not to exclude as inadmissible evidence about the general subject matter of mediation. (PDF KB)
Zhou v CE of DL [2010] NZEmpC 162 [Chief Judge Colgan, 20 December 2010] Successful application by the Director of the New Zealand Security Intelligence Service to be represented and heard in the proceeding (PDF KB)
Oldco PTI Ltd v Houston [2010] NZEmpC 161 [Judge Travis, 17 December 2010] Successful application for stay pending plaintiff providing security for costs (PDF KB)
Mc Culloch & Ors v NZFS Council [2010] NZEmpC 160 [Chief Judge Colgan, 15 December 2010] Declaration of jurisdiction. Case falls within the exclusive jurisdiction of the Employment Court, which will hear and determine the proceedings in tort (PDF KB)
Wilson v ABC Developments Learning Centers NZ Ltd [2010] NZEmpC 159 [Judge Couch, 9 December 2010] -Successful challenge. Defendant failed to pay plaintiff's holiday pay entitlement. (PDF KB)
Air NZ Ltd v Wulff [2010] NZEmpC 158 [Judge Couch, 6 December 2010] – Unsuccessful challenge. Defendant held to have been unjustifiably dismissed. Reinstatement confirmed. (PDF KB)
Footnote 1 - Application for leave to appeal denied by Court of Appeal
Ingham (Labour Inspector) v August Models & Talent Ltd [2010] NZEmpC 157 [Chief Judge Colgan, 6 December 2010] – Successful application for penalty orders for breach of s 137 Employment Relations Act 2000 compliance order.(PDF KB)

November 2010

Raukura Hauora o Tainui Trust v Nathan [2010] NZEmpC 156 [Judge Ford, 30 November 2010] – Successful challenge. Damages awarded against defendant pursuant to s 162 Employment Relations Act 2000 for misappropriation of plaintiff’s funds.(PDF KB)
Wang v Hamilton Multicultural Services Trust [2010] NZEmpC 155 [24 November 2010] – Costs.(PDF KB)
Villegas v Visypak (NZ) Ltd [2010] NZEmpC 154 [Judge Travis, 23 November 2010] – Successful challenge. Plaintiff unjustifiably dismissed. Reinstatement declined (PDF KB)
Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEMPC 153 [Judge Couch, 22 November 2010] – Costs.
Smith v Life To The Max Horowhenua Trust [2010] NZEC 152 [Judge Ford, 15 November 2010] – Unsuccessful challenge. Authority held not to have erred by fixing a global award for the three established grievances. (PDF 45KB)
Kiwis Stat Ltd v Nichols [2010] NZEmpC 151 [Judge Couch, 9 November 2010] – Unsuccessful challenge. Injunctive relief in respect of restraint of trade provision in defendant’s employment agreement held not to be justified. (PDF 35KB)
Williams v Chesterton Group Ltd (In Liquidation) [2010] NZEmpC 150 [Chief Judge Colgan, 8 November 2010] – Successful challenge. Penalty awarded for breach of s 63A Employment Relations Act 2000. (PDF 35KB)
Radius Residential Care Ltd v McLeay [2010] NZEmpC 149 [Judge Ford, 3 November 2010] - Unsuccessful challenge. Defendent held to have been unjustifiably dismissed (PDF 35KB)
Auckland DHB & 20 Other DHB Named in the attached Schedule v NZ Resident Doctors Assoc [2010] NZEmpC 148 Full Court [Chief Judge Colgan and Couch J, 3 November 2010] - Scope and application of s 32(1)(e) and s 34 of Employment Relations Act 2000 in respect of requirement for parties engaged in collective bargaining to provide certain information to each other on request.(PDF 47KB).
Burns v Media Design School Ltd [2010] NZEmpC 147 [Judge Travis, 2 November 2010] – Successful application for security for costs (PDF 21KB)
Robertson v Envirowaste Services Ltd [2010] NZEmpC 146 [Judge Travis, 2 November 2010] - Successful challenge. Plaintiff found to have been unjustifiably dismissed.(PDF 37KB).
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October 2010

Young v Bay of Plenty DHB [2010] NZEmpC 145 [Chief Judge Colgan, 29 October 2010] – Unsuccessful application for an extension of time to challenge the Authority’s determination outside the statutory period of 28 days.(PDF 35KB)
Gilbert v Transfield Services (NZ) Ltd [2010] NZEMPC 144 [Judge Travis, 28 October 2010] – Successful application for extension of time to file challenge (PDF 37KB)
Musa v Whanganui DHB And Anor [2010] NZEMPC 143 [Chief Judge Colgan, 28 October 2010] – Costs (PDF 35KB)
Footnote 1 - Application for leave to appeal denied by Court of Appeal
Wang v Hamilton Multicultural Services Trust [2010] NZEmpC 142 [Judge Perkins, 27 October 2010] -Successful challenge. Termination of plaintiff's employment for redundancy was unjustified. Plaintiff should have been offered redeployment to newly created position (PDF 43KB)
Masina v The Commissioner, Te Kura Kaupapa Maori O Piripono Te Kura Whakahou O Otara [2010] NZEmpC 141 [Judge Perkins, 27 October 2010] -"Unsuccessful challenge. Plaintiff held to have been justifiably dismissed".(PDF 36KB)
Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 [Judge Travis, 26 October 2010] -"Successful challenge. Plaintiff unjustifiably constructively dismissed."(PDF24 KB)
Jinkinson v Oceana Gold (NZ) Ltd [2010] NZEmpC 139 [Judge Couch, 22 October 2010] - Successful application for stay of execution of an order for reimbursement of lost remuneration, with conditions. (PDF35KB)
George v Auckland Regional Council [2010] NZEmpC 138 [Judge Travis, 22 October 2010] - Successful application for special leave to remove proceedings from the Employment Relations Authority to the Court. (PDF 35KB)
NZAEPMU v Steelfort Engineering Co Ltd [2010] NZEMPC 137 [Judge Ford, 22 October 2010] – Unsuccessful challenge. Plaintiff’s written request for info did not comply with requirements of s 34(2)(c) of Employment Relations Act 2000.(PDF 39KB)
Postal Workers Union v NZ Post [2010] NZEMPC 136 [Judge Ford, 20 October 2010] – Unsuccessful challenge. Occasional and variable unrostered overtime worked by posties not to be component in calculation of relevant daily pay.(PDF49KB)
Pacific Palms Int. Resort & Golf Club Ltd v Smith [2010] NZEmpC 135 [Judge Travis, 18 October 2010] – Dismissal of plaintiff’s challenge subject to Court’s motion to join plaintiff’s director as a party for the purposes of costs.(PDF 21KB)
Ah Ching and 40 Others v Westpac NZ Ltd [2010] NZEmpC 134 [Judge Perkins, 14 October 2010] – Costs. (PDF11 KB)
Mercer v Maori Television Service [2010] NZEmpC 133 [Judge Travis, 8 October 2010] – Successful challenge. Plaintiff’s dismissal unjustified.(PDF 82KB)
Footnote 1 - Application for leave to appeal denied by Court of Appeal
McDonald v Ontrack Infrastructure Ltd And Anor [2010] NZEmpC 132 [5 October 2010] - Triangular/tripartite employment relationships. Section 6 of ERA to be applied in determining whether there is a contract of service between employee of labour hire company and that company's client by determining the real nature of the relationship between those parties. The onus is on the labour hire employee to establish the existence of a contract of service with the client company which satisfies the common law contractual requirements. These requirements may be established by implication from the parties' overt conduct. The Court held that it is not helpful to set out rules or factors to be taken into account in determining the real nature of a relationship in a tripartite arrangement. This turns on the facts of each case and a consideration of all relevant matters.(PDF 961KB)
Rooney Earthmoving Ltd v McTague & Ors [2010] NZEmpC 131 [Judge Travis, 4 October 2010] – Application for further and better discovery (PDF 25KB)
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September 2010

NZALPA v Air Nelson Ltd [2010] NZEmpC 130 [Judge Travis, 30 September 2010] – Successful challenge. Defendant precluded from using alternative holiday granted on a Saturday followed by Sunday and Monday to satisfy relevant rostering clause in collective agreement .(PDF 27KB).
Metallic Sweeping (1998) Ltd v Ford [2010] NZEmpC 129 [Judge Couch, 30 September 2010] – Successful challenge to costs determination. Discussion of nature of de novo hearing on costs, extent to which the Court should call for information in relation to this and manner and extent to which a party’s financial circumstances should be taken into account in making an award of costs .(PDF 36KB).
McKendry v Jansen & Prouting [2010] NZEmpC 128 Full Court [Chief Judge Colgan, Judge Travis and Judge Ford, 24 September 2010] – Referral of a question of law. Held that both s 123(1)(b) and s 123(1)(c)(ii) of the Employment Relations Act 2000 permit the Authority to order the respondents to pay compensation to the applicant for the loss of her entitlement to paid parental leave under the Parental Leave and Employment Protection Act 1987. (PDF 47KB)
Brownie v Fuster [2010] NZEmpC 127 (Judge Couch, 23 September 2010) – Effect of plaintiff’s bankruptcy on proceedings before the Authority and the Court. (PDF 36KB)
Shortland v Alexander Construction Co Ltd [2010] NZEmpC 126 (Judge Couch, 22 September 2010) – Costs.(PDF 25KB)
Behan-Kitto v New Zealand Post Limited [2010] NZEmpC 125[Chief Judge Colgan, 20 September 2010] -Successful application for leave to challenge out of time. (PDF 37KB )
NZ Language Centres Ltd (Formerly GEOS NZ Ltd) v Page [2010] NZEmpC 124 [14 September 2010] – Successful application. Interim stay granted on conditions. (PDF 46KB )
Burtton & Browne v Talley's Group Ltd [2010] NZEmpC 123 [Chief Judge Colgan, 14 September 2010] – Unsuccessful challenges to Authority’s determinations. Plaintiffs’ applications for interim reinstatement declined. (PDF 27KB )
SFWU v OCS Ltd [2010] NZEmpC 122 [Chief Judge Colgan, 13 September 2010] – Costs. (PDF 33KB)
Beauty Management Riccarton Ltd v Dyer [2010] NZEmpC 121 [Judge Couch, 13 September 2010] – Challenge dismissed. Remedies awarded by Authority to defendant confirmed. (PDF 27KB)
Musa v Whanganui DHB & Anor [2010] NZEmpC 120 [Chief Judge Colgan, 10 September 2010] –Removal from Authority. Defendant not liable for breaching either term of settlement or employment agreement. (PDF 27KB)
Wellington Free Ambulance Service Inc v Adams [2010] NZEmpC 119 [Chief Judge Colgan, 10 September 2010] – Costs. (PDF 23KB)
Burtton & Browne v Talley's Group Limited [2010] NZEmpC 118 [Chief Judge Colgan, 8 September 2010] – Unsuccessful application for orders requiring defendant to disclose identity of persons alleging unlawful drug taking by plaintiffs. (PDF 32KB)
C v Air Nelson Limited [2010] NZEmpC 117 [Chief Judge Colgan, 7 September 2010] – Granting of interim order prohibiting publication of plaintiff’s identity.
Footnote 1 - Application for leave to appeal denied by Court of Appeal

Footnote 5 – Application for leave to appeal denied by Supreme Court.

(PDF 41KB)
Miller v Fonterra Co-Operative Group Ltd [2010] NZEmpC 116 [Judge B S Travis, 6 September 2010] – Partially successful application for further and better disclosure. (PDF 27KB)
Fonterra Cooperative Group Limited v Te Stroet [2010] NZEmpC 115 [Chief Judge G L Golgan, 2 September 2010] – Conditional stay of Authority’s order that defendant be reinstated to his previous position or one no less advantageous to him.(PDF 36KB)

August 2010

Comptroller of Customs v Smith and anor [2010] NZEmpC 114 [Judge Couch, 30 August 2010] – Unsuccessful application for stay of order for reinstatement.[PDF 32KB]
SFWU & Ors v OCS Ltd [2010] NZEmpC 113 [Chief judge G L Colgan, 31 August 2010] – Removal from Authority. Plaintiffs precluded by clause in collective agreement from claiming redundancy payments from defendant. However union entitled to bargain for other (non monetary compensation) redundancy entitlements under s 69N(2) on the plaintiffs’ behalf over next 20 working days during which time dismissals of affected employees for redundancy are not to take place.(PDF KB)

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

Footnote 3 - Appeal allowed by Court of Appeal
Pacific Blue Employment & Crewing Ltd v B [2010] NZEmpC 112 [Judge Couch, 20 August 2010] – Successful challenge overturning Authority’s decision to grant interim reinstatement.[PDF 34KB]
*Smith v Stokes Valley Pharmacy (2009) Limited [2010] NZEmpc 111 [Chief Judge G L Colgan, 24 August 2010] – Interpretation and application of ss 67A and 67B ERA relating to trial provisions in employment agreements. Plaintiff not precluded in law from bringing personal grievance proceedings for unjustified dismissal and unjustified disadvantage. Plaintiff unjustifiably disadvantaged in, and dismissed from, her employment with defendant. Defendant breached s 4 and individual employment agreement. [PDF 126KB]
Mana Coach Services Ltd v NZ Tramways & Public Passenger Transport Union and Ors [2010] NZEmpC 110 [Judge Couch, 19 August 2010] – Successful application for interim injunction to restrain strike action by defendants. Defective notice.[PDF 14KB]
Rolling Thunder Motor Co Ltd v Kennedy [2010] NZEmpC 109 [Judge Couch, 19 August 2010] – Unsuccessful application by defendant for order striking out proceedings.[PDF 34KB]. Footnote 1 - Application for leave to appeal denied by Court of Appeal

MacBeth v Cookie Time Limited [2010] NZEmpC 108 [Judge Couch, 17 August 2010] – Unsuccessful application for order striking out proceedings .[PDF 22KB]
Coy v Commissioner of Police [2010] NZEmpC 107 [Chief Judge Colgan, 16 August 2010] – Judgment regarding the relevance of redacted portion of notes in evidence .[PDF 14KB]
Fonterra Cooperative Group Ltd v Te Stroet [2010] NZEmpC 106 [13 August 2010] – Adjournment granted for part-heard application for stay, on conditions. [PDF 14KB]
Musa v Whanganui DHB And Anor [2010] NZEmpC 105 [Chief Judge Colgan, 4 August 2010] – Interlocutory judgment deciding admissibility of evidence. [PDF 18KB]
Coy v Commissioner of Police [2010] NZEmpC 104 [Chief Judge Colgan, 11 August 2010] – Successful application for adjournment, with conditions. [PDF 59KB]
Coy v Commissioner of Police [2010] NZEmpC 103 [Chief Judge Colgan, 9 August 2010] – Interlocutory judgment deciding admissibility of evidence. [PDF 75KB]
*Jinkinson v Oceana Gold (NZ) Ltd [2010] NZEmpC 102 [Judge Couch, 4 August 2010] – Successful challenge. Plaintiff unjustifiably dismissed. Reinstatement ordered. [PDF 89KB]

Footnote 2 – Application for leave to appeal granted by Court of Appeal
Ports of Auckland Ltd v Maritime Union of NZ [2010] NZEmpC 101 [Judge Perkins, 3 August 2010] – Unopposed application for interim orders to prevent strike action (PDF 14KB)
Hobson v University of Waikato [2010] NZEmpC 100 [Judge Couch, 3 August 2010] – Judgment following settlement between the parties. (PDF 8KB)
Student Management Software Solutions Ltd v Gordon [2010] NZEmpC 99 [Chief Judge Colgan, 2 August 2010] – Judgment making orders and directions by consent. (PDF 8KB)

July 2010

*Marshment v Sheppard Industries Ltd [2010] NZEmpc 98 [Chief Judge Colgan, 30 July 2010] – Successful challenge. Interlocutory injunction declined on conditions. (PDF 81KB)
Neill v Schmidt & Paul & Anor [2010] NZEmpC 96 [Chief Judge Colgan, 26 July 2010] – Successful application to join first defendants as parties to challenge. (PDF25KB)
Evolution E-Business Ltd v Smith [2010] NZEmpC 97 [Chief Judge Colgan, 26 July 2010] – Successful application for leave to file statement of defence out of time; unsuccessful application requiring plaintiff to provide security for costs. (PDF 26KB)
Musa v Whanganui DHB and anor [2010] NZEmpC 95 [23 July 2010] – Reasons for interlocutory judgment concerning admissibility or non-admissibility of evidence.(PDF 21KB)
*Hutton & ors V Provencocadmus Ltd (In Receivership) & ors [2010] NZEmpC 94 [22 July 2010] – Referral of question of law. Receivership of respondent companies does not prevent Authority investigating and determining applicants’ claims brought under s 131 ERA. (PDF 48KB)
Ecocover (NZ) Ltd & Anor v Dunn [2010] NZEmpC 93 [Judge Perkins, 21 July 2010] – Unsuccessful challenge to costs determination. (PDF 35KB)
Industrial Services Ltd v Koning [2010] NZEmpC 92 [Chief Judge Colgan, 21 July 2010] – Nature and extent of challenge following good faith report.(PDF 14KB)
NZMWU v AFFCO NZ Ltd [2010] NZEmpC 91 [Chief Judge Colgan, 20 July 2010] – Costs.(PDF 11KB)
*NZ Fire Service Commission v Warner & Ors [2010] NZEmpC 90 [Chief Judge Colgan, 19 July 2010] – Jurisdictional issue. Authority is empowered to determine whether employees are required to repay monies mistakenly overpaid by their employer.(PDF 61KB)
Poulter v Antipodean Growers Ltd [2010] NZEmpC 89 [Judge Perkins, 16 July 2010] – Judgment as to quantum.(PDF 12KB).
*Coy v Commissioner of Police [2010] NZEmpC 88 [Chief Judge Colgan, 8 July 2010] – Four preliminary issues. Plaintiff entitled to decline to disclose psychologist’s notes relating to consultation with and treatment by him; defendant entitled to redact irrelevant parts of otherwise relevant and discoverable documents; defendant’s correspondence to Privacy Commissioner privileged by statute; plaintiff’s husband not permitted to actively act as her advocate by leading evidence, cross-examining or making submissions.(PDF 67KB)
Melville v Air New Zealand Ltd [2010] NZEmpC 87 [Judge Travis, 8 July 2010] – Unsuccessful challenge. Plaintiff raised personal grievance outside 90-day period; leave denied to raise the grievance outside the expiration of that period.(PDF 87KB)Footnote 1 - Application for leave to appeal denied by Court of Appeal
Gwilt v Briggs & Stratton NZ Ltd [2010] NZEmpC 86 [Judge Travis, 6 July 2010] – Unsuccessful application to strike out proceedings on grounds that the matter had been settled. Calderbank offer had been rejected and thus was no longer capable of acceptance. (PDF 40KB)
SFWU v Searancke [2010] NZEmpC 85 [Judge Travis, 5 July 2010] – Successful application for leave to file an amended statement of defence out of time.(PDF 29KB)
*Secretary for Justice v Dodd [2010] NZEmpC 84 [Chief Judge Colgan, 2 July 2010] -Unsuccessful challenge to finding that defendant unjustifiably dismissed. Defendant’s reinstatement confirmed (PDF126 KB)
Ah Ching & 40 Ors v Westpac N Z Ltd [2010] NZEmpC 83 [Judge Perkins, 1 July 2010] – Successful challenge. Plaintiffs entitled to receive transport allowance.(PDF 48KB)

June 2010

Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82 [Judge Couch, 29 June 2010] – Successful challenge. Plaintiff was unjustifiably dismissed; he did not resign.(PDF 43KB)
Chen v NZ Sugar Co Ltd [2010] NZEmpC 81 [Judge Perkins, 30 June 2010] – Costs.(PDF 21KB)
Willis v Fonterra Cooperative Group Ltd [2010] NZEmpC 80 [Judge Travis, 29 June 2010] – Successful challenge. Court held plaintiff had been unjustifiably dismissed.(PDF 84KB)
Silver Fern Farms Ltd v North [2010] NZEmpC 79 [Chief Judge Colgan, 29 June 2010] – Successful challenge to Authority’s findings. Defendant’s personal grievance raised out of time.(PDF 49KB)
*SFWU v Rendezvous Hotels (NZ) Ltd [2010] NZEMPC 78 [Chief Judge Colgan, 22 June 2010] – Unsuccessful application for interlocutory injunction to prevent lockouts. (PDF 23KB)
Poulter v Antipodean Growers Ltd [2010] NZEmpC 77 [Judge Perkins, 17 June 2010] – Successful challenge. True nature of relationship between plaintiff and defendant held to have been one of employment. (PDF 22KB)
Trans Otway Ltd v Hall [2010] NZEmpC 76 [Judge Couch, 16 June 2010] – Successful applications to extend time to challenge and stay of proceedings (with conditions). (PDF 37KB)
EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [2010] NZEmpC 75 [Chief Judge Colgan, 15 June 2010] – Costs (PDF 25KB)
*NZAEPMU v SCA Hygiene Australasia Ltd [2010] NZEmpC 73 [Judge Travis, 10 June 2010] - Unsuccessful challenge. Public holidays falling during closedown held not to be otherwise working days so no obligation for defendant to pay employees not less than their relevant daily pay pursuant to s 49 Holidays Act. (PDF 46KB)
Horton v Fonterra Cooperative Group Ltd [2010] NZEmpC 72 [Judge Travis, 8 June 2010] – Successful challenge to Authority’s finding that plaintiff was justifiably dismissed. Reinstatement ordered. (PDF 81KB)
NZ Tramways & Public Passengers Transport Employees' Union v Wgtn City Transport Ltd [2010] NZEmpC 71 [Chief Judge Colgan, 9 June 2010] – Costs.(PDF 18KB)

May 2010

Electrix Ltd v NZAEPMU [2010] NZEmpC 70 [Judge Travis, 31 May 2010] – Unsuccessful application for interim injunction to prevent strike action.(PDF 38KB)
Minhinnick v NZ Steel Ltd [2010] NZEmpC 69 [Judge Perkins, 27 May 2010] – Costs.(PDF 15KB)
Oldco PTI Ltd v Houston [2010] NZEmpC 68 [Judge Perkins, 27 May 2010] – Costs.(PDF 15KB)
Porteous v Chief Executive of the Department of Building & Housing [2010] NZEmpC 67 [Judge Couch, 26 May 2010] – Removal from Authority concerning interpretation and application of employment agreement.(PDF 103KB)

Williamson v Victoria Institute (NZ) Ltd [2010] NZEmpC 66 [Chief Judge Colgan, 24 May 2010] – Application for compliance order declined.(PDF 12KB)
Fraser v Chief Executive of the Department of Corrections [2010] NZEmpC 65 [Chief Judge Colgan, 24 May 2010] – Costs.(PDF 15KB)
Idea Services Ltd v Dickson [2010] NZEmpC 64 Full Court [Chief Judge Colgan, Travis and Couch JJ, 21 May 2010] – Unsuccessful application for stay of proceedings.(PDF 32KB)
The CE of the Open Polytechnic Of NZ v Halsey [2010] NZEmpC 63 [Chief Judge Colgan, 20 May 2010] - Unsuccessful challenge to determination of Authority. Defendant's employment subject to terms and conditions of collective agreement regarding weekly hours to be worked once defendant joined the union. Express written terms in the individual employment agreement signed prior to union membership ceased to operate as there was no written consent to work additional hours. (PDF 16KB)
*NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [2010] NZEmpC 62 [Chief Judge Colgan, 18 May 2010] – Successful challenge to Authority’s determination. Trial employment agreement inconsistent with collective agreement and thus unlawful. (PDF 62KB)
Service & Food Workers Union v OCS Ltd [2010] NZEmpC 61 [Chief Judge Colgan, 17 May 2010] – Successful challenge to Authority’s determination. Defendant not entitled to unilaterally change frequency of wage payments to employees. (PDF 24KB)
Maritime Union of NZ v C3 Ltd [2010] NZEmpC 60 [ Judge Travis, 17 May 2010] – Successful challenge. Plaintiff granted leave to file an amended statement of claim. (PDF 27KB)
Wellington Free Ambulance Service v Adams [2010] NZEmpC 59 [Chief Judge Colgan, 17 May 2010] – Successful challenge to Authority’s determination. Defendant’s application for interim reinstatement declined. (PDF 46KB)
Student Management Software Solutions Ltd v Gordon [2010] NZEmpC 58 [Chief Judge Colgan, 17 May 2010] – Successful application for stay, with conditions. (PDF 19KB)
Smith v Attorney-General For Commissioner Of Police [2010] NZEmpC 57 [Chief Judge Colgan, 17 May 2010] – Costs. (PDF 28KB)
EBIIWU & Ors v Carter Holt Harvey Ltd [2010] NZEmpC 56 [Chief Judge Colgan, 18 May 2010] – Costs. (PDF 27KB)
Rooney Earthmoving Ltd v McTague & Ors [2010] NZEmpC 55 [Judge Travis, 17 May 2010] – Successful application for leave to amend pleadings as to quantum of damages, conditional on provision of supporting documentation showing losses attributable to each defendant. (PDF 40KB)
Chen v NZ Sugar Co Ltd [2010] NZEmpC 54 [Judge Perkins, 14 May 2010] – Unsuccessful challenge to Authority’s finding that the issuing of a verbal warning to the plaintiff did not give rise to a personal grievance. (PDF 42KB) Footnote 1 - Application for leave to appeal denied by Court of Appeal
Mars NZ Ltd v MCWU & anor [2010] NZEmpC 53 [Chief Judge Colgan, 11 May 2010] – Costs. (PDF 26KB)
*Vice-Chancellor of Massey University v Wrigley & anor [2010] NZEmpC 52 [Chief Judge Colgan, 11 May 2010] – Successful challenge: documents to be disclosed subject to conditions. (PDF 24KB)
How v Campin & Campin T_A Chequers Stud [2010] NZEMPC 51 [Judge Perkins, 10 May 2010] – Partly Successful challenge: Quantum of interest payable increased; no penalty imposed.(PDF 32KB)
Assured Financial Peace Ltd & Prosper With Us Ltd v Pais [2010] NZEmpC 50 [Chief Judge Colgan, 7 May 2010] – Reasons for granting application for stay.(PDF 24KB)
Assured Financial Peace Ltd & Anor v Pais [2010] NZEmpC 49 [Chief Judge Colgan, 5 May 2010] – Successful application for stay (PDF 11KB)

April 2010

DAS Transport Ltd v Kirkwood [2010] NZEmpC 48 [Chief Judge Colgan, 30 April 2010] – Successful application for leave subject to conditions. (PDF 26KB)
Maritime Union of NZ v Ports of Auckland Ltd [2010] NZEmpC 47 [Judge Perkins, 5 May 2010] – Consent judgment. (PDF 11KB)
Oldco PTI Ltd v Houston [2010] NZEmpC 46 [Judge Perkins, 29 April 2010] – Application for stay granted on condition plaintiff makes security payment to the Court.(PDF 27KB)
Miller v Fonterra Co-op Group Ltd [2010] NZEmpC 45 [Judge Travis, 27 April 2010] – Unsuccessful application by defendant for preliminary questions to be determined before hearing of substantive matter. (PDF 38KB)
Williamson v Victoria Institute (NZ) Ltd [2010] NZEmpC 44 [Chief Judge Colgan, 20 April 2010] – Enforcement of compliance order.(PDF 20KB)
Eden v Rutherford & Bond Toyota Ltd [2010] NZEmpC 43 [Chief Judge Colgan, 21 April 2010] – Unsuccessful challenge to a costs determination of the Employment Relations Authority.(PDF 20KB) Footnote 1 - Application for leave to appeal denied by Court of Appeal
Wang v Hamilton Multicultural Services Trust [2010] NZEmpC 42 [Judge Travis, 16 April 2010] – Order regarding disclosure of documents.(PDF 20KB).
Shortland v Alexander Construction Co Ltd [2010] NZEmpC 41 [Judge Couch, 13 April 2010] – Successful challenge to determination finding. Court held plaintiff was unjustifiably dismissed.(PDF 20KB).
Wang v Hamilton Multicultural Services Trust [2010] NZEmpC 40 [Judge Travis, 16 April 2010] – Leave granted to defendant to defend plaintiff’s challenge.(PDF 20KB)
Lewis v Howick College Board of Trustees [2010] NZEmpC 39 [Chief Judge Colgan, 16 April 2010] – Costs.(PDF 20KB)
Timata Hou Ltd v SFWU & Anor [2010] NZEmpC 38 [Chief Judge Colgan, 8 April 2010] – Reasons for making interim injunction orders restraining strike and anticipated strike action. (PDF 20KB)

March 2010

Hamon v Coromandel Independent Living Trust [2010] NZEmpC 37 [Chief Judge Colgan, 31 March 2010] – Granting of extension for security condition pursuant to stay of execution. (PDF20KB)
T & L Harvey Ltd v Duncan [2010] NZEmpC 36 [Judge Couch, 31 March 2010] – Costs.(PDF 20KB)
Heritage Expeditions Ltd v Fraser [2010] NZEmpC 35 [Judge Couch, 31 March 2010] – Whether the Employment Relations Authority has jurisdiction to reopen an investigation (PDF 20KB)
Bay Milk Distributors Ltd v Jopson [2010] NZEmpC 34 [Chief Judge Colgan, 31 March 2010] – Costs. (PDF 16KB)
Williamson v Victoria Institute (NZ) Ltd [2010] NZEmpC 33 [Chief Judge Colgan, 30 March 2010] – Application for orders where defendant had not complied with compliance order. (PDF 20KB)
*MUNZ v Ports of Auckland [2010] NZEmpC 32 [Chief Judge Colgan, 29 March 2010] - Successful challenge - fixed term individual agreements held to be inconsistent with collective agreement and their implementation found to be a breach of good faith. (PDF 99KB)
Footnote 2 – Application for leave to appeal granted by Court of Appeal

Footnote 4 - Appeal dismissed by Court of Appeal
Peterson & Anor v P & B Engineering Ltd & Anor [2010] NZEmpC 31 [Chief Judge Colgan, 29 March 2010] – Costs (PDF 13KB)
Minhinnick V NZ Steel Ltd [2010] NZEmpC 30 [Judge Perkins, 29 March 2010] – Unsuccessful challenge to determination finding that dismissal justified (PDF 52KB)
C v Air Nelson Limited [2010] NZEmpC 29 [Chief Judge Colgan, 26 March 2010] – Successful application for order prohibiting publication of identity of other party.(PDF 14KB)
Oldco PTI Ltd v Houston [2010] NZEmpC 27 [Judge Travis, 25 March 2010] – Successful application for a verification order.(PDF 11KB)
*Gates v Air New Zealand Ltd [2010] NZEmpC 26 [Judge Couch, 24 March 2010] – Costs.PDF 29KB)
Singh v Eric James & Associates Ltd [2010] NZEmpC 25 [Chief Judge Colgan, 23 March 2010] – Costs.(PDF 18KB)
Tian v Hollywood Bakery (Holdings) Ltd [2010] NZEmpC 24 [Judge Travis, 22 March 2010] – Costs. (PDF 31KB).
Metallic Sweeping (1998) Ltd v Whitehead [2010] NZEmpC 23 [Judge Perkins, 12 March 2010] – Unsuccessful challenge to decision declining to award costs following delay in filing application. (PDF 46KB)
*The Chief of Defence Force v Ross-Taylor [2010] NZEmpC 22 [Judge Travis, 10 March 2010] – Successful challenge – plaintiff held to be an independent contractor rather than an employee. (PDF 54KB)
Industrial Services Nelson Ltd v Stewart [2010] NZEmpC 21 [Judge Travis, 10 March 2010] – Successful application for extension of time to file statement of claim, with conditions. (PDF 30KB)
Hamon v Coromandel Independent Living Trust [2010] NZEmpC 20 [Chief Judge Colgan, 9 March 2010] – Successful application for stay conditional on plaintiff providing security for costs (PDF 37KB)
Webb v NZ Tramways and Public Passenger Transport Employees Union Inc [2010] NZEmpC19 [Judge Travis, 9 March 2010] –Interlocutory judgment regarding extent of required disclosure of documents by the defendant pursuant to previous judgment.(PDF 38KB)
C v Air Nelson Ltd [2010] NZEmpC 18 [Chief Judge Colgan, 9 March 2010] –Unsuccessful application for order prohibiting publication of identity of party (PDF 38KB)
Secretary for Justice v Dodd [2010] NZEmpC 17 [Chief Judge Colgan, 5 March 2010] – Unsuccessful challenge to admissibility of intended evidence of defendant’s witnesses at upcoming de novo hearing.(PDF 16KB
Aotearoa Coolstores Ltd V Waara [2010] NZEmpC 16 [Chief Judge Colgan, 4 March 2010] – Nature and extent of challenge following good faith report..(PDF 18KB
Griffiths Drilling (NZ) Ltd v Jenner [2010] NZEmpC 15 [Judge Couch, 3 March 2010] – Setting aside of Authority determination following notification of successful settlement between the parties of all issues.(PDF 8KB)
Mars Petcare NZ Ltd v MCWU & Ors [2010] NZEmpC 14 [Chief Judge Colgan, 1 March 2010] – Record of mutual undertakings by parties for interim resolution of collective bargaining difficulties.(PDF 15KB
*NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [2010] NZEmpC 12 [Chief Judge Colgan, 2 March 2010] – Successful challenge for reimbursement of legal costs from employer. .(PDF 47KB

February 2010

*NZ PSA v Secretary for Justice [Chief Judge Colgan, [2010] NZEmpC 11, 25 February 2010] - Successful application for declaration that bargaining for collective agreement had not concluded notwithstanding defendant's unilateral determination that it was at an end.(PDF KB)
Snowdon v Radio NZ Ltd [Judge Travis, [2010] NZEmpC 10, 24 February 2010] - Unsuccessful application by plaintiff for orders setting aside findings, orders and directions relating to discovery, resulting in unsuccessful challenge to objection to disclosure.(PDF 146KB) Footnote 1 - Application for leave to appeal denied by Court of Appeal
Smith v Evolution E-Business Ltd [Judge Travis, 2010 NZEmpC 9, 16 February 2010] - Successful application for special leave to remove matter from the Employment Relations Authority. (PDF KB)
Northland District Health Board and 20 others v New Zealand Resident Doctors' Association Inc [Chief Judge Colgan, [2010] NZEmpC 8, 10 February 2010] – Preliminary issues. Reasons to follow. (PDF 110KB)

January 2010

Precision Tracking (NZ) Ltd v Tait [2010] NZEmpC 7 [Judge Travis, 26 January 2010] – Interlocutory judgment on application for document disclosure.(PDF 55KB)
Ora Ltd v Kirkley [2010] NZEmpC 6 [Judge Travis, 25 January 2010] – Costs.(PDF 44KB)
Meenken v Rigg Zschokke Ltd & Anor [2010] NZEmpC 5 [Chief Judge Colgan, 19 January 2010] Costs.(PDF 10KB)
Lewis v Howick College Board of Trustees [2010] NZEmpC 4 [19 January 2010] – Successful de novo challenge for unjustified dismissal. Reinstatement no awarded. (PDF 155KB) Footnote 1 - Application for leave to appeal denied by Court of Appeal
Robinson v Capital and Coast District Health Board [2010] NZEmpC 3 [Chief Judge Colgan, 18 January 2010] – Companion judgment to NDU v Capital and Coast DHB.(PDF 33KB)
*National Distribution Union Inc v Capital and Coast District Health Board [2010] NZEmpC 2 [Chief Judge Colgan, 18 January 2010] – Proceedings removed; long service leave in collective agreement not subsumed by 4th week of annual leave under Holidays Act 2003.(PDF 37KB)
Singh v Eric James & Associates Ltd [2010] NZEmpC 1 [Chief Judge Colgan, 18 January 2010] – Unsuccessful challenge; employer "identity". (PDF 45KB)

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