| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 103/03 |
| Determination date | 16 July 2003 |
| Member | D Asher |
| Representation | L Highfield ; I Matheson |
| Location | Wellington |
| Parties | Service & Foodworkers Union Inc & Anor v Heatherlea Rest Home (1994) Ltd |
| Other Parties | Adams |
| Summary | PRACTICE AND PROCEDURE - Application to strike out counterclaim - Allegations by applicant surrounding sale and purchase of rest home - Counterclaim alleged breaches of good faith, breaches of collective agreement and breaches of duty of fidelity - Strike out application declined - Counterclaim not so clearly untenable it could not have succeeded - Jurisdiction to be exercised sparingly - Proceedings not to be struck out if disputed questions of fact to be decided - Parties directed to mediation |
| Result | Application dismissed ; Referred to mediation ; Costs reserved |
| Statutes | ERA s3(a);ERA s135;ERA s159(1)(b) |
| Cases Cited | Creser v Northern Clerical etc IUOW [1990] 1 NZILR 1037;McHale v Open Polytechnic of NZ [1993] 1 ERNZ 186;NZ (with exceptions) Shipwrights etc Union v NZ Amalgamated Engineering etc 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. |