| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 98 |
| Determination date | 31 March 2016 |
| Member | Robin Arthur |
| Representation | KAB Milne (in person) ; D France |
| Location | Auckland |
| Parties | Milne v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Authority sought to strike out applicant’s claim of own motion |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant’s claim clearly untenable as dismissal already found to be justified by Authority and Employment Court. Claim so clearly lacking any prospect of success that warranted exercise of power to dismiss claim without further investigation. No difficult question of law arose. Not just to allow applicant to pursue hopeless claim and put respondent to time and expense of defending it. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s142;ERA s157;ERA s173;ERA Second Schedule cl12A |
| Cases Cited | AFT v BCM [2015] NZEmpC 234;Attorney-General v Prince [1998] 1 NZLR 262 (CA);Lumsden v Skycity Management Ltd [2015] NZEmpC 225;Milne v Air New Zealand Ltd [2011] NZERA Auckland 45;Milne v Air New Zealand Ltd [2012] NZERA Auckland 236;Milne v Air New Zealand Ltd [2014] NZEmpC 101;Puna Chambers Inc v Christensen [2014] NZEmpC 218, [2014] ERNZ 756 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_98.pdf [pdf 256 KB] |