| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 7 |
| Determination date | 12 January 2012 |
| Member | D Appleton |
| Representation | J Birney ; N McPhail |
| Location | Christchurch |
| Parties | Bell v Electronet Services Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One and half day investigation meeting – Respondent claimed contribution to costs should be split between two applicants who were joined for substantive hearing – Respondent sought $6,750 contribution to costs – Respondent sought $313 travel expenses – Applicant claimed costs should lie where they fall – Applicant claimed no malicious intent in bringing complaint – Authority found lack of malicious intent not principle that automatically protected unsuccessful applicant from costs order – Found no reason to depart from usual principle that costs follow event – Respondent claimed case of relative complexity requiring preparation of bundle of documents exceeding 40 exhibits – Found case not complex – Found no additional preparation time required because two personal grievances defended – Found not right to penalise applicant simply because another staff member submitted personal grievance – Found if personal grievances heard separately costs would have increased – $2,250 contribution to costs appropriate |
| Result | Costs in favour of respondent ($2,250) |
| Main Category | Costs |
| Cases Cited | Chief Executive of the Department of Corrections v Tawhiwhirangi (No 2) [2008] ERNZ 73;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_7.pdf [pdf 17 KB] |