The Employment Relations Authority has
rejected a claim by an employee against his employer and ordered the employee
to pay costs to the employer. This arose
in unusual circumstances in that the claim the employee was bringing was under
a contract and not in relation to his employment. The ERA therefore had not jurisdiction to
hear the claim and dismissed the claim.
As well as ordering the employee to pay
costs to the employer it also ordered increased costs because the employee had
failed to comply with the timetable directions made by the ERA and was late
filing briefs and other documents. This
led to increased costs being incurred by the defendant employer.
If you do have a claim you must ensure
that you bring it to the right jurisdiction or else you will be liable for the
costs of your failed attempt. The
employee could have just brought the claim in the Disputes Tribunal or District
Court. If you are unsure as to what
jurisdiction you should file a claim in, it pays to get advice from someone
experienced in these matters before you launch into proceedings.
Alan Knowsley
Employment Lawyer
Wellington
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