| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209/07 |
| Hearing date | 12 Jul 2007 |
| Determination date | 12 July 2007 |
| Member | D King |
| Representation | P Cranney ; P Muir |
| Location | Auckland |
| Parties | Association of University Staff Inc v Vice-Chancellor of the University of Auckland |
| Summary | PRACTICE AND PROCEDURE - Application for partial strike out – Applicant alleged respondent repeated conduct previously held to be illegal by Employment Court (EC") - Respondent claimed issues already determined and sought to strike out first and third causes of action, and certain paragraphs in statement of problem, on basis of res judicata and estoppel arguments – Alternatively claimed applicant failed to give sufficient particulars of alleged breaches of law - First and third causes of action seemed in essence identical – Authority not convinced issue in present proceedings identical to issue determined in EC case - While similarities in behaviour, circumstances different - Case law/texts stating doctrine of estoppel product of adversary litigation system, and may not be equally relevant to work of inquisitive tribunals, borne in mind – Authority’s position as informal forum taken into consideration – Declined to strike out third cause of action and paragraphs, as they contained background information – Authority understood breach relied on in first cause to be breach of s4 and s32 Employment Relations Act 2000 – First cause appeared superfluous – If so, applicant should remove it - If not, applicant should amend first cause of action" |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s32;ERA s32(1)(d)(iii) |
| Cases Cited | Association of University Staff Inc v Vice-Chancellor of the University of Auckland [2005] 1 ERNZ 224;Clark v Nelson Marlborough District Health Board [2002] 2 ERNZ 483;NZ (with exceptions) Shipwrights etc Union v NZ Amalgamated Engineering etc IUOW and Anor [1989] 3 NZILR 284;Shiels v Blakeley [1986] 2 NZLR 266;Reid v Fire Service Commission (No2) [1998] 3 ERNZ 1237;Waugh v Commissioner of Police [2003] 1 ERNZ 236 |
| Number of Pages | 8 |
| PDF File Link: | aa 209_07.pdf [pdf 35 KB] |