| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 87/03 |
| Determination date | 20 June 2003 |
| Member | D Asher |
| Representation | M Bullock ; A Walker |
| Location | Wellington |
| Parties | Roberts v Good Health Wanganui |
| Summary | PRACTICE AND PROCEDURE - Application to strike out proceedings - Whether applicant's grievances statute barred because out of time - Applicant alleged in both Authority and Tribunal that respondent acted unjustifiably and breached contractual obligations - Claims made in respect of matters which went back to 1995 - Authority not satisfied that applicant's case so untenable could not possibly succeed - Authority did not have sufficiently clear view of case such that would be just to exercise discretion - Prima facie case that applicant's alleged grievances and breaches were ongoing - Not appropriate to strike out proceedings - Parties directed to mediation subject to applicant providing respondent in advance with record of grievances and breach allegations - Applicant to advise if matter not settled - Leave reserved for respondent to resubmit strike out application in light of detail of applicant's record |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s3(a);ERA s5;ERA s114(6);ERA s135(5);ERA s142;ERA s148(1);ERA s148(2);ERA s159(1)(b);ERA s160(3);Limitation Act 1950 s4(1) |
| Cases Cited | Jack v Attorney-General in respect of the Department for Courts [2002] 1 ERNZ 720;McHale v Open Polytechnic of NZ [1993] 1 ERNZ 186;NZ Shipwrights Union v NZ Engineering IUOW and Steiner and Spartan Engineering [1989] 3 NZILR 284 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |