Decisions of Note 2010

Decisions of Note for previous years. 2012, 2011, 2009, pre 2009,

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).

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)

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]
Jinkinson v Oceana Gold (NZ) Ltd [2010] NZEmpC 102 [Judge Couch, 4 August 2010] – Successful challenge. Plaintiff unjustifiably dismissed. Reinstatement ordered. [PDF 89KB]

Marshment v Sheppard Industries Ltd [2010] NZEmpc 98 [Chief Judge Colgan, 30 July 2010] – Successful challenge. Interlocutory injunction declined on conditions. (PDF 81KB)
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)
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)
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)
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)

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)
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)

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)
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)
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)

Maritime Union of NZ v Ports of Auckland Ltd [2010] NZEmpC 47 [Judge Perkins, 5 May 2010] – Consent judgment. (PDF 11KB)

Gates v Air New Zealand Ltd [2010] NZEmpC 26 [Judge Couch, 24 March 2010] – Costs. (PDF 29KB)
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)
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)

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)
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)

Employment Court