| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 315 |
| Determination date | 08 October 2015 |
| Member | Eleanor Robinson |
| Representation | J Traynor ; P Templeton |
| Location | Auckland |
| Parties | Griffiths v Witchery Fashions (NZ) Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out claim as frivolous or vexatious – Visual Merchandiser |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM - PRACTICE AND PROCEDURE: Not certain that applicant’s claim would not succeed. Reasonable person could treat claims as bona fide. Evidence of some issues raised that should be explored at investigation meeting. Applicant’s claim not frivolous or vexatious. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103(1)(b);ERA Second Schedule cl12A |
| Cases Cited | Bhana v Creative Field Marketing New Zealand Ltd ERA Auckland AA128/09, 21 April 2009;Creser v Tourist Hotel Corp of New Zealand [1990] 1 NZILR 1055 (LC);Newick v Working In Limited [2012] NZEmpC 156, [2012] ERNZ 510;Norman v Mathews [1916] 85 LJKB 857;NZ (with exceptions) Shipwrights Union v NZ Amalgamated Engineering IUOW and Steiner and Spartan Engineering [1989] NZILR 284 (LC);STAMS v MM Metals Ltd [1993] 1 ERNZ 115 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_315.pdf [pdf 190 KB] |