| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 51 |
| Determination date | 23 March 2012 |
| Member | D Appleton |
| Representation | G Lloyd ; D France |
| Location | Christchurch |
| Parties | McMillan and Ors v Air Nelson Ltd |
| Other Parties | Grayer, Grinstead, Steenkamp, Newman, Francey, Likiliki, Buckendhal |
| Summary | COSTS – One successful, one unsuccessful claim – Less than one day investigation meeting – Respondent sought contribution to costs – Applicant claimed costs should lie where they fall – Authority found matter conducted in efficient and expedient manner – Respondent claimed applicants lodged amended statement of problem which introduced additional argument which needed to be addressed by respondent – Found amended statement of problem lodged reasonably far in advance so respondent not prejudiced – Found both parties made amendments to briefs of evidence late in proceedings but not unreasonably – Respondent claimed one applicant succeeded and seven failed – Found arguments of seven applicants identical – Found could be said that one argument failed and one succeeded – Found dispute arose because of mistake made by respondent regarding paid meal breaks and seven unsuccessful applicants were not unreasonable in seeking to have concerns investigated – Costs should lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | 2012_NZERA_Christchurch_51.pdf [pdf 9 KB] |