| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 170 |
| Determination date | 12 June 2015 |
| Member | TG Tetitaha |
| Representation | E Bickerton ; A Schirnack |
| Parties | Low v Care Group Ltd |
| Summary | COUNTERCLAIM-PRACTICE AND PROCEDURE – Whether proceeding frivolous and vexatious – Applicant filed two similar statements of problem –Whether statements of problem adequate |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM-PRACTICE AND PROCEDURE: Applicant filed inadequate statements of problem. Statements did not contain enough information. Applicant failed to comply with Authority directions to file amended or appropriate proceedings regarding first statement of problem. Application dismissed as a frivolous and vexatious proceeding due to limited Authority resources, necessity to prevent respondent from facing same proceeding twice and allowance for other application to continue. Applicant directed to amend other statement of problem. Applicant’s claims partially frivolous. |
| Result | Application partially granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s112;ERA s157;ERA s157(2)(a);ERA s157(3)(a);ERA s160(1)(f);ERA s174(d);ERA s174D;ERA s221;ERA s221(1);ERA s221(1)(d);ERA Second Schedule cl12A;EAR 2000;EAR 2000 R6;Judicature Act 1908 s88B |
| Cases Cited | Creser v Tourist Hotel Corporation of New Zealand [1990] 1 NZILR 1055 (LC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_170.pdf [pdf 155 KB] |