| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 78 |
| Determination date | 29 February 2012 |
| Member | R Larmer |
| Representation | M Treen ; M Moncur |
| Location | Auckland |
| Parties | Bidois v St George International Group Ltd |
| Summary | COSTS – Successful personal grievances – Three day investigation meeting – Applicant represented by union and entered into agreement would pay union $3,000 towards representation costs – Authority found applicant liable to pay union $3,000 – Respondent claimed costs award should be limited to $900 - Found applicant’s costs significantly less than usual and applying daily tariff inappropriate – Found two days of investigation meeting directly due to inefficient, unfocussed and unrealistic manner respondent conducted case – Found if awarded applicant $3,000 costs did not amount to solicitor client cost award as applicant’s costs only modest – Found modest costs incurred by applicant should not prevent applicant from recovering all of that amount as Authority would usually award much higher costs for three day investigation meeting – Found respondent’s claim applicant’s conduct increased costs entirely without merit – Found respondent pursued untenable arguments – Respondent failed to provide evidence of financial position – Authority not satisfied respondent unable to meet modest costs award – Found hearing fees would not have been incurred but for respondent’s conduct - Respondent to pay applicant $613 hearing fees - Respondent to pay applicant $3,000 contribution towards costs |
| Result | Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($613.32)(hearing fees) ($71.56)(filing fee) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Bidois v St George International Group Limited [2011] NZERA Auckland 533;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_78.pdf [pdf 23 KB] |