| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 159 |
| Determination date | 02 May 2013 |
| Member | J Crichton |
| Representation | B Scotland ; S Webster |
| Parties | Fox v Hereworth School Trust Board |
| Summary | PENALTY – Respondent sought penalty against applicant for obstructing and delaying Authority investigation – COSTS – Unsuccessful personal grievance claim – Respondent sought $28,000 contribution towards costs |
| Abstract | AUTHORITY FOUND -;PENALTY: Costs and penalty overlapped. Behaviour of unsuccessful party could be addressed by costs award. No penalty.;COSTS: Three day investigation meeting. Applicant’s behaviour increased costs of respondent. Increase in daily tariff appropriate. Applicant to pay respondent $21,000 contribution towards costs. |
| Result | Application dismissed (Penalty); Costs in favour of respondent ($21,000) |
| Main Category | Penalty |
| Statutes | ERA s17 - ERA s134A |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 Jan 2004, AA39/04;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_159.pdf [pdf 129 KB] |