| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 92 |
| Determination date | 06 July 2015 |
| Member | Christine Hickey |
| Representation | E Bickerton ; S van der Wel |
| Location | Christchurch |
| Parties | Sheriff v Chep Aerospace Ltd t/a Chep Aerospace Solutions |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim for want of timely prosecution – COUNTERCLAIM - INJUNCTION – Respondent sought “unless order” that unless applicant attended mediation shortly, applicant’s claim would be dismissed |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM - PRACTICE AND PROCEDURE: No power for Authority to dismiss proceedings for non-compliance at this stage. Application for strike out dismissed.COUNTERCLAIM – INJUNCTION: No power for Authority to make “unless order”. Application for injunction dismissed. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl14(2) |
| Cases Cited | Employment Relations Authority v Rawlings [2008] NZCA 15, [2008] ERNZ 26 |
| Number of Pages | 3 |
| PDF File Link: | 2015_NZERA_Christchurch_92.pdf [pdf 200 KB] |