| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 500 |
| Determination date | 05 December 2014 |
| Member | J Crichton |
| Representation | E Groves (in person) ; P Wicks ; R McIlraith (counsel for second respondent) |
| Location | Auckland |
| Parties | Groves v Ballance Agri-Nutrients Ltd and Anor |
| Other Parties | McVeagh |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – First respondent sought order applicant’s claim frivolous or vexatious – Mediated settlement agreement – JURISDICTION – Whether applicant in employment relationship with second respondent |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Matters in applicant’s second statement of problem subject to full and final settlement reached after first statement of problem filed in Authority. Settlement finalised under s 149 Employment Relations Act 2000 entered into six years ago when applicant represented by experienced counsel. Terms of settlement performed. Allowing applicant’s claim to proceed would be frivolous in sense of being futile. Applicant’s claim frivolous.;JURISDICTION: Applicant never employee of second respondent. No jurisdiction to consider claim against second respondent. |
| Result | Application granted (counterclaim – practice and procedure) ; Application dismissed (jurisdiction) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Contractual Remedies Act 1979;ERA;ERA s149;ERA s149(3);ERA Second Schedule cl12A |
| Cases Cited | Harris v Birchwood Farm Holdings Ltd [2002] 2 ERNZ 392;Marlow v Yorkshire New Zealand Ltd [2000] 1 ERNZ 206;Rickards v Ruapehu District Council [2003] 1 ERNZ 400;STAMS v MM Metals Ltd [1993] 1 ERNZ 115;Young v Board of Trustees of Aorere College [2013] NZEmpC 111 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_500.pdf [pdf 222 KB] |