| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 37 |
| Determination date | 29 February 2012 |
| Member | P Cheyne |
| Representation | J Guest ; L Andersen |
| Location | Christchurch |
| Parties | Todd v Glenmavis Ltd and Anor |
| Other Parties | Glenmavis Farm Partnership (2007) |
| Summary | COSTS – Successful personal grievance and arrears claim – Two and half day investigation meeting – Respondent claimed costs in Authority should await final outcome of proceedings including reference to Court – Authority found standard practice to finalise costs regardless of any challenge – Applicant claimed contribution to $17,500 total costs – Found first invoice related to advice prior to dismissal and work appeared to predate lodging statement of problem in Authority – Found costs not relevant for present purposes – Found unable to discern from second invoice when work completed – Found could not conclude work reasonably necessary for purposes of investigation meeting – Found third invoice included work done in relation to mediation – Found no good reason to include such costs when assessing Authority costs – Found matter involved legal and factual complexity and reasonably large sums of money genuinely at issue – Found investigation meeting completed within one day due to counsels’ assistance based on careful preparation – Found matter better regarded as two and half day investigation meeting – Applicant sought costs on indemnity basis – Found improper to punish respondent – Found allowing two and half day investigation meeting allowed sufficient recognition of extra costs – $7,500 contribution to costs appropriate – PRACTICE AND PROCEDURE – Quantum of remedies – Authority previously reserved quantum of holiday pay due and owing – Parties agreed applicant’s final pay should have been $22,578 – Found applicant paid $14,962 – Found applicant’s partner received same amount but amount must be treated as having been received by applicant – Found separate payments should not count for present purposes – Found applicant overpaid – Found $7,346 to be deducted from compensation payable to applicant as result of personal grievance – Authority reserved decision about mortgage |
| Result | Costs in favour of applicant ($7,500) ; Disbursements in favour of applicant ($71.56)(Filing fee) ; Quantum determined ; Recovery of monies ($7,346.91) |
| Main Category | Costs |
| Cases Cited | Chief Executive of Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Graham v The Bank of New Zealand [2011] NZERA Christchurch 125;Johnson v Gilligan Business School Ltd unreported, Travis J, 3 April 2009, AC14/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Christchurch_37.pdf [pdf 25 KB] |