| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 236 |
| Hearing date | 10-Aug-17 |
| Determination date | 11 August 2017 |
| Member | T Tetitaha |
| Representation | G Bennett, M Dimond |
| Location | Auckland |
| Parties | Moskal and Anor v Manor House Cuisine (2015) Ltd |
| Other Parties | McGuire |
| Summary | PRACTICE AND PROCEDURE – Respondent sought to strike out applicants claim as frivolous and vexatious – COSTS – Respondent sought contribution towards costs |
| Abstract | AUTHORITY FOUND - PRACTICE AND PROCEDURE: One ground on which respondent sought strike out was the behaviour of the applicants and their advocate in not-attending or complying with directions. No basis to grant a strike out application as the applicants began engaging with the Authority to progress applications. Application to strike out proceedings is dismissed. COSTS: Less than one day investigation meeting. Applicant’s advocate to pay respondent $500 contribution towards costs. |
| Result | Application dismissed ; Costs in favor of respondent ($500) |
| Main Category | Practice & Procedure |
| Statutes | ERA s236 |
| Cases Cited | Davidson v Great Barrier Airlines Ltd [2016] NZERA Auckland 403 |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_236.pdf [pdf 164 KB] |