| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 238 |
| Determination date | 14 August 2017 |
| Member | N Craig |
| Representation | N Santesso ; A Drake |
| Location | Auckland |
| Parties | Nascimento v Asaj Ltd |
| Summary | COSTS – Withdrawn claims – One day investigation meeting – Respondent sought indemnity costs – Authority found that respondent had not met threshold for indemnity costs where that party has acted badly or very unreasonably – Found claims not frivolous or vexatious and applicant not warned that costs would be sought against him – Found filing in Authority applicant’s only option for pursuing claim – Costs to lie where they fall |
| Result | Costs lie where they fall |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Binnie v Pacific Health Limited [2002] CA, [2012] 1 ERNZ 438;Bradbury v Westpac Banking Corporation (2009) 1 PRNZ 234;Fagotti v Acme & Co Ltd [2015] NZEmpC, 135 (2015) NZELR 1;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 (EmpC);RHB Chartered Accountants Limited v Rawcliffe [2012] ERNZ 51 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_238.pdf [pdf 222 KB] |