| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 106 |
| Determination date | 22 October 2014 |
| Member | P R Stapp |
| Parties | Wyber v Midas Infomedia Ltd |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought order applicant’s claims frivolous or vexatious – Applicant sought to re-open previous Authority determination and stay previous Authority costs award |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Could not be said that matters raised by applicant lacked substance for consideration. No requirement for determination to be challenged in Employment Court as precondition of application to re-open investigation. No proof that applicant’s motive was to delay any payment of costs. Delay in applicant lodging application to re-open and stay costs consideration in determining re-opening application. Applicant’s claims not frivolous or vexatious. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA Second Schedule cl12A |
| Cases Cited | Creser v Tourist Hotel Corp of New Zealand [1990] 1 NZILR 1055;Wyber v Midas Infomedia Ltd [2013] NZERA Wellington 143;Wyber v Midas Infomedia Ltd [2014] NZERA Wellington 41 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Wellington_106.pdf [pdf 1.5 MB] |