| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 203 |
| Determination date | 19 December 2011 |
| Member | G J Wood |
| Representation | P Cranney ; M Gundesen |
| Location | Wellington |
| Parties | Rankin v Swire Pacific Offshore NZ Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant previously claimed unjustifiably dismissed and respondent had breached good faith obligations but withdrew claim after respondent provided evidence that parties had resolved performance issue - Respondent sought order applicant’s claim frivolous or vexatious – Applicant’s claim discontinued two days before investigation meeting – Authority found although applicant’s statement of problem could have been better focused, Authority had broad brief to investigate employment relationship problems however described – Found as respondent did not have performance concerns seemed unfair to blame applicant for all procedural issues – Found applicant's claim not frivolous or vexatious – Found applicant withdrew claim as entitled to after received respondent’s evidence but due to delays caused mainly by applicant discontinuance was very late - COSTS – Respondent sought indemnity costs as claimed application lacked merit and matter not discontinued until two working days before investigation meeting – Applicant claimed any costs award should be moderate as respondent failed to provide relevant information – Found $1,000 contribution towards costs appropriate as no investigation meeting – Applicant to pay respondent $1,000 contribution towards costs - Seafarer |
| Result | Application dismissed ; Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_203.pdf [pdf 19 KB] |