| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 71 |
| Determination date | 27 July 2015 |
| Member | Trish MacKinnon |
| Representation | T Kennedy ; D Gould |
| Location | Wellington |
| Parties | New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc. v Wellington City Transport Ltd (Go Wellington) |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out application as frivolous or vexatious |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM - PRACTICE AND PROCEDURE: Applicant’s amended claim similar to original claim made in Authority, but not similar enough to be frivolous or vexatious. Applicant’s claim legitimate one for investigation. Claim falls within Authority jurisdiction. Claim not frivolous or vexatious. Application to strike out dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s161;ERA Second Schedule cl12A;Wages Protection Act 1983;Minimum Wage Act 1983 |
| Cases Cited | Creser v Tourist Hotel Corp of New Zealand [1990] 1 NZILR 1055 (LC);NZ (with exceptions) Shipwrights Union v NZ Amalgamated Engineering IUOW and Steiner and Spartan Engineering [1989] NZILR 284 (LC);New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc v Wellington City Transport Ltd (Go Wellington) [2014] NZERA Wellington 136 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Wellington_71.pdf [pdf 96 KB] |