| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 85/05 |
| Determination date | 16 June 2005 |
| Member | J Crichton |
| Representation | D Beck ; N McPhail |
| Location | Christchurch |
| Parties | Perry v The Vice Chancellor of the University of Canterbury |
| Summary | PRACTICE AND PROCEDURE - Application to strike out claim in its entirety - Substantive claims for unjustified disadvantages, alleged breaches of express and implied terms of contract and alleged breaches of statutory provisions - Respondent alleged disadvantage grievance out of time - Argument not accepted - Respondent alleged would be no good purpose in having an investigation meting since all negotiations between parties were fully and clearly documented - Matter finely balanced - Particularly influenced by unique nature of Authority's investigative powers and the different dynamic that existed in an investigative process - Also influenced by the conviction that the justice of the case seemed to require the matter to proceed to an investigation - Not persuaded that applicant's claim so futile that the respondent should not be put to the trouble of defending it - Application to strike out declined |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ Shipwrights Union v NZ Amalgamated Engineering IUOW and Steiner and Spartan Engineering [1989] 3 NZILR 284 |
| Number of Pages | 5 |
| PDF File Link: | ca 85_05.pdf [pdf 32 KB] |