| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 289 |
| Determination date | 27 August 2012 |
| Member | R Larmer |
| Representation | G Bennett ; E Inger |
| Parties | Taiapa v Te Runanga O Turanganui A Kiwa t/a Turanga Ararau Private Training Establishment |
| Summary | COSTS – Unsuccessful personal grievance claim – One day investigation meeting - Respondent sought $11,000 contribution towards costs and $400 penalty against applicant’s advocate (“X”) – Authority found circumstances warranted increasing usual daily tariff by $1,500 - Applicant to pay respondent $4,500 contribution towards costs - Interest payable – PENALTY - Authority noted concerns about X’s conduct but as investigation meeting went ahead as scheduled, investigation meeting not obstructed or delayed - No penalty |
| Abstract | Applicant’s personal grievance claim unsuccessful. Respondent sought $11,000 contribution towards costs and $400 penalty against applicant’s advocate (“X”). Respondent claimed applicant’s conduct greatly increased respondent’s costs as applicant failed to comply with timetable, provide relevant information or provide meeting records. Respondent claimed applicant’s first witness statement referred to another of X’s clients so X required to file statement again and X did not file witness summons in timely manner. Respondent claimed applicant failed to give evidence of initial unjustified disadvantage claim. Applicant pursued reinstatement claim although suffered serious health problems and unable to work and reinstatement claim only withdrawn after investigation meeting.;AUTHORITY FOUND –;COSTS: Circumstances warranted increasing usual daily tariff by $1,500 however not appropriate to award respondent half of actual costs. Applicant to pay respondent $4,500 contribution towards costs. Interest payable.;PENALTY: Authority noted concerns about X’s conduct but as investigation meeting went ahead as scheduled, investigation meeting not obstructed or delayed. No penalty. |
| Result | Costs in favour of respondent ($4,500) ; Interest (5%) ; Disbursements in favour of applicant ($150)(copying and binding costs) |
| Main Category | Costs |
| Statutes | ERA s134A;ERA Second Schedule cl11;Judicature Act 1908 s87(3) |
| Cases Cited | PBO Ltd (formerly Rush Security Limited) v Da Cruz [2005] 1 ERNZ 808;Taipa v Te Runanga o Turanganui a Kiwi T/A Turanga Ararua Private Training Establishment [2012] NZERA Auckland 252 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_289.pdf [pdf 102 KB] |