| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA AUckland 110 |
| Determination date | 28 March 2012 |
| Member | A Dumbleton |
| Representation | F Fifield (in person) |
| Location | Auckland |
| Parties | Fifield v Kearns |
| Summary | PRACTICE AND PROCEDURE – Applicant sought number of monetary awards including compensation, strike pay and redundancy-service pay to remedy dismissal – Applicant earlier advised that decision of Court of Appeal (“CA”) had made clear that litigation taken to Labour Court (“LC”) had been concluded – CA held nothing for applicant to appeal as relief sought had been obtained from LC – Authority found clear that applicant wished to challenge original dismissal even though its justifiability had long been ruled upon – Found no basis for investigation – Found applicant’s claim had no prospect of success and appropriate to be dismissed as frivolous and vexatious |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl12A;Labour Relations Act 1987 |
| Cases Cited | Fifield v Rotorua District Council [2007] ERNZ 199;Fifield v Rotorua District Council and New Zealand Labourers etc IUOW [1989] 2 NZILR 100 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_110.pdf [pdf 15 KB] |