| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 145 |
| Determination date | 07 October 2015 |
| Member | Helen Doyle |
| Representation | P Andrew, L Goffin ; R McIlraith, K Dunn |
| Location | Christchurch |
| Parties | Edminstin v Sanford Ltd and Anor |
| Other Parties | Johnson |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Second respondent sought to dismiss claims as frivolous or vexatious – Whether Authority able to order compliance order against company person not party to settlement agreement (“SA”) |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Authority does not have power to make compliance order against person not party to SA. Unlikely that proceedings could be amended to provide tenable cause of action against second respondent. Proceedings frivolous and vexatious. Proceedings against second respondent dismissed. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s137;ERA s137(1);ERA s137(1)(a)(iii);ERA s137(2);ERA s138;ERA s149;ERA s149(1);ERA s149(3);ERA s151;ERA s151(1)(a);ERA s151(2)(a);ERA s178;ERA Second Schedule cl12A |
| Cases Cited | Credit Consultants Debt Services NZ Ltd v Wilson (No 2) [2007] ERNZ 205 (EmpC);South Tranz Ltd v Strait Freight Ltd [2007] ERNZ 704 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Christchurch_145.pdf [pdf 155 KB] |