| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 296 |
| Determination date | 10 July 2013 |
| Member | R Larmer |
| Representation | P O'Sullivan ; R Towner, S Maxfield |
| Parties | Tupou v Waikato Milking Systems NZ Ltd |
| Summary | COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $20,000 contribution towards costs - Applicant's conduct caused respondent unnecessary cost. Applicant failed to comply with Authority's direction and engaged in misleading conduct when presenting case - Applicant unreasonably pursued claims where no prospect of success obvious and failed to participate in settlement negotiations - Exceptional circumstances warrant increase in notional daily tariff - Applicant to pay respondent $7,000 contribution towards costs |
| Result | Costs in favour of respondent ($7,000) |
| Main Category | Costs |
| Statutes | Legal Services Act 2011 s45(2) - Legal Services Act 2011 s45(3) - Legal Services Act 2011 s45(3)(b) |
| Cases Cited | Tupou v Waikato Milking Systems NZ Ltd [2012] NZERA Auckland 455 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_296.pdf [pdf 136 KB] |