| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 81 |
| Determination date | 01 March 2012 |
| Member | R Larmer |
| Representation | P Fisher ; A Twaddle |
| Location | Auckland |
| Parties | Machen v RD1 Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Two day investigation meeting – Applicant claimed could not pay costs award as unemployed and no assets – Respondent sought $14,200 contribution towards costs – Respondent claimed daily tariff should be increased to reflect additional preparation costs due to applicant’s conduct – Authority found because of applicant’s financial situation appropriate to halve usual daily tariff – Found even if applicant had incurred unnecessary costs respondent’s conduct would have also increased applicant’s costs – Found straightforward grievance and not appropriate to include preparation time in costs award – Authority declined respondent’s request that applicant be ordered to pay costs award in three months – Found not appropriate to award costs in relation to costs application - Applicant to pay respondent $3,000 contribution towards costs |
| Result | Costs in favour of applicant ($3,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Binnie v Pacific Health Limited [2002] 1 ERNZ 438;Carter Holt Harvey Ltd v Eastern Bays Independent Industrial Workers Union & Others [2011] NZEMPC 13;Gates v Air New Zealand Limited [2010] NZEMPC 26;Machen v RD1 Limited [2011] NZERA Auckland 523;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_81.pdf [pdf 22 KB] |