| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 56 |
| Determination date | 21 February 2018 |
| Member | E Robinson |
| Representation | H Burdon ; N Wilkinson |
| Location | Auckland |
| Parties | Manganda v Waikato Ethic Family Services Trust & Others and Anor |
| Other Parties | Ofsted |
| Summary | PRACTICE AND PROCEDURE – Respondent sought order to dismiss applicant’s claim as frivolous and vexatious |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: Applicants claims not on their face claims which cannot succeed. Claims 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 | AFT v BCM [2015] NZEmpC 234 Creser v Tourist Hotel Corporation of New Zealand [1990] 1 NZILR 1055 (LC) Lumsden v SkyCity Management Ltd [2015] NZEmpC 225, [2015] ERNZ 389 Newick v Working In Ltd [2012] NZEmpC 156, [2012] NZEmpC 156 New Zealand (with exceptions) Shipwrights Union v New Zealand Amalgamated Engineering IUOW and Steiner and Spartan Engineering (1989) ERNZ Sel Cas 516, [1989] 3 NZILR 284 Norman v Mathews [1916] 85 LJKB |
| Number of Pages | 7 |
| PDF File Link: | 2018_NZERA_Auckland_56.pdf [pdf 174 KB] |