| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 39/08 |
| Hearing date | 26 Oct 2007 |
| Determination date | 10 January 2008 |
| Member | D King |
| Representation | P Pa'u ; S Connelly |
| Location | Auckland |
| Parties | Barton v Programmed Maintenance Services (New Zealand) Ltd |
| Summary | PRACTICE AND PROCEDURE – Application by respondent to strike out Statement of Problem alleging unjustified dismissal – Res judicata - Respondent argued applicant attempting to re-litigate matters already determined by Authority and estopped from bringing claim – Also argued applicant should have raised issues during earlier proceedings and this action attempted to circumvent his inability to have previous claim reheard by Employment Court because of failure to pay fee – Respondent submitted claim abuse of process, vexatious and frivolous and should be struck out - Previous determination concerned unjustified disadvantage claim and related to respondent reclaiming company property while applicant on extended sick leave – Applicant dismissed when respondent believed he was working with competitor while on sick leave – Dismissal referred to during initial Authority investigation meeting – If issue sought to be raised related to a new cause of disadvantage then matter may have been struck out – However, dismissal claim new cause of action not permutation of disadvantage – Facts common to both causes of action but doctrine respondent sought to rely on limited to matters that arose within one cause of action – Application to strike out dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Barton v Programmed Maintenance Services (NZ) Ltd unreported, V Campbell, 4 August 2005, AA 296/05;Brisbane City Council v A-G for Queensland 19 ALR 681 (PC);Henderson v Henderson [1929] 2 Ch 213;L E Walwin & Partners Ltd v West Sussex County Council [1975] All ER Ch D 605;Thompson & Taylor v Ross [1942] NZLR 713;Town of Grandview v Doering [19760 61 DOR (3d) 455 |
| Number of Pages | 8 |
| PDF File Link: | aa 39_08.pdf [pdf 38 KB] |