| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 4 |
| Determination date | 13 January 2015 |
| Member | Christine Hickey |
| Representation | J Ames (in person) ; P Churchman QC |
| Parties | Ames v West Coast Primary Health Organisation |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Application to strike out applicant's claim - Applicant dismissed under valid 90 day trial period provision - Applicant reframed claim to allege respondent breached duty of good faith in employment agreement and that applicant unjustifiably disadvantaged - Primary mental health practitioner / counsellor |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Applicant self-represented and believed genuinely that had been treated wrongly. Applicant's claims not so entirely misconceived as to be frivolous. Applicant's claims could not currently be dismissed as vexatious. Application dismissed. Authority cautioned that applicant's breach of contract and unjustified disadvantage claims could not relate to dismissal or process leading to dismissal. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s4;ERA s4(2);ERA s4(2)(a);ERA s67A;ERA s67B;ERA s128;ERA s157;ERA s159;ERA s159A;ERA s161;ERA Second Schedule cl12A |
| Cases Cited | Castle v Luxottica Retail NZ Ltd [2014] NZERA Auckland 17;Creser v Tourist Hotel Corp of New Zealand [1990] 1 NZILR 1055;Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399;Shaskey v Chief Executive of Manukau Institute of Technology [2012] NZERA Auckland 86 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Christchurch_4.pdf [pdf 250 KB] |