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Employment Relations Act 2000

Institutions - Employment Relations Authority

178A: Challenge in respect of dismissal of frivolous or vexatious proceedings

You could also call this:

“You can ask a court to check if your case was fairly thrown out for being silly or annoying.”

If the Employment Relations Authority decides not to look into your case because they think it’s silly or not serious, you can ask the court to check if that decision was right. You need to do this within 28 days of the Authority dismissing your case, and you have to follow the proper steps to challenge it.

The court will then look at your case and decide if they think it’s silly or not serious too. If the court doesn’t think your case is silly, they will tell the Authority to investigate and make a decision about your case after all.

You can find more information about how the Authority can dismiss cases they think are silly in clause 12A of Schedule 2.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3642203.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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179: Challenges to determinations of Authority, or

“If you're unhappy with a decision from the Employment Relations Authority, you can ask a court to look at it again.”

Part 10 Institutions
Employment Relations Authority

178AChallenge in respect of dismissal of frivolous or vexatious proceedings

  1. A party to a matter before the Authority that was dismissed because the Authority determined it was frivolous or vexatious under clause 12A of Schedule 2 may challenge that determination in the court.

  2. A challenge under this section must be made in the prescribed manner within 28 days after the date that the matter is dismissed by the Authority.

  3. The court must determine whether it considers the matter to be frivolous or vexatious.

  4. If the court does not determine that the matter is frivolous or vexatious, it must order the Authority to investigate and determine the matter.

Notes
  • Section 178A: inserted, on , by section 35 of the Employment Relations Amendment Act 2010 (2010 No 125).