| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 36 |
| Determination date | 20 March 2017 |
| Member | P van Keulen |
| Representation | G Downing ; K Chapman |
| Location | Christchurch |
| Parties | Brown v Your Success Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent sought to dismiss claims as frivolous or vexatious |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Amount of compensation claimed not so extraordinary as to make claim impossible. Applicant’s claims turn on factual and contractual disputes and are not futile. Disputed calculation of holiday pay needs to be investigation and resolved. Application to dismiss claim dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4A(a) ; ERA s4A(b) ; ERA Second Schedule cl12A |
| Cases Cited | Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [2014] NZEmpC 206;Heenan v Attorney-General [2011] NZCA 9, [2011] NZAR 200;Lumsden v SkyCity Management Ltd [2015] NZEmpC 225;Rabson v Judicial Conduct Commissioner [2016] NZHC 2539 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Christchurch_36.pdf [pdf 229 KB] |