| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 184 |
| Determination date | 25 November 2015 |
| Member | David Appleton |
| Representation | P McDonald ; A Schirnack |
| Location | Christchurch |
| Parties | Weymouth and Anor v Hawkins Construction Ltd and Anor |
| Other Parties | Hawkins Construction Ltd, Mathieson |
| Summary | PRACTICE AND PROCEDURE - Employer sought to consolidate two matters - First matter whether first employee unjustifiably disadvantaged by employer’s actions and unjustifiably dismissed by employer - Second matter whether second employee breached terms of employment by disclosing details of another employee’s terms and conditions to first employee - COUNTERCLAIM - PRACTICE AND PROCEDURE - Second employee sought to strike out employer’s breach of contract claim as frivolous or vexatious |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Evidence to be considered in both matters will cover the same documents and witnesses. Considerable time and costs savings if consolidated. Findings of facts on first matter could prejudice natural justice in the second matter. Application to consolidate matters granted.COUNTERCLAIM - PRACTICE AND PROCEDURE: Both parties’ submissions require further enquiry and cannot be accepted on face value. No patent or glaring error of law in employer’s claims. Not appropriate to speculate motivation for employer’s claim in absence of cogent evidence. Not clear whether second employee’s defence of a claim against herself would compromise her credibility when giving evidence in support of first employee’s claim. Not certain that case will not succeed. Claims not frivolous or vexatious. Application to strike out dismissed. |
| Result | Application granted (practice and procedure) ; Application dismissed (counterclaim - practice and procedure) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Schedule 2 cl12A;Judicature Act 1908 s88B;High Court Rules R15.1(1)(C) |
| Cases Cited | Creser v Tourist Hotel Corporation of New Zealand [1990] 1 NZILR 1055 (EmpC);Deliu v Hong [2011] NZAR 681 (HC);Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [2014] NZEmpC 206;Heenan v Attorney-General [2011] NZCA 9;Newick v Working In Ltd [2012] NZEmpC 156, [2012] ERNZ 510;New Zealand (with exceptions) Shipwrights Union v New Zealand Amalgamated Engineering IUOW and Steiner and Spartan Engineering (1989) ERNZ Sel Cas 516 (LC) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_184.pdf [pdf 277 KB] |