Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2012] NZERA Christchurch 17
Determination date 31 January 2012
Member J Crichton
Representation J Levenbach ; A Higgins
Location Christchurch
Parties Robb v Awaroa Lodge Ltd
Summary COSTS – Successful personal grievance and unsuccessful arrears and jurisdiction claims – Five day investigation meeting – Applicant sought contribution to $22,000 total costs – Respondent claimed costs should lie where they fall as each party partially successful – Applicant claimed incurred greater costs due to Christchurch earthquake and respondent’s behaviour – Authority found applicant’s personal grievance central and most important part of claim and therefore applicant substantially more successful than respondent – Found aspect of costs incurred by applicant related to difficulties Authority had in concluding investigation due to disruption caused by Christchurch earthquake – Found respondent’s behaviour made it more difficult to conclude investigation – Found applicant unsuccessful in third of total claim – Respondent to pay $10,000 contribution to applicant’s costs
Result Costs in favour of applicant ($10,000)
Main Category Costs
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Toll NZ Consolidated Ltd v New Zealand Seafarers Union Inc (2004) 7 NZELC 97
Number of Pages 4
PDF File Link: 2012_NZERA_Christchurch_17.pdf [pdf 20 KB]