| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 158 |
| Determination date | 05 June 2015 |
| Member | A Fitzgibbon |
| Representation | G Bennett ; D Luttig |
| Parties | La v Alpha Laboratories (NZ) Ltd |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought order to dismiss parts of applicant’s claim as frivolous or vexatious – Sorting and packing operator |
| Abstract | AUTHORITY FOUND -COUNTERCLAIM – PRACTICE AND PROCEDURE: Applicant permitted to raise grievance claim despite previous statement claiming applicant would not pursue it. Claim raising grievance did not raise grievance of constructive dismissal. Proceedings not frivolous or vexatious. Application for order to dismiss dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(6);ERA Second Schedule cl12A |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_158.pdf [pdf 194 KB] |