| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 39/04 |
| Determination date | 28 January 2004 |
| Member | A Dumbleton |
| Representation | P Wallace ; S Dalzell |
| Location | Auckland |
| Parties | Graham v Airways Corporation of New Zealand Ltd |
| Summary | COSTS - Unsuccessful interim reinstatement application - Unsuccessful personal grievance - 6ï¾½ days total investigation meeting time - Contribution of $19,000 sought to total costs of $39,700 - Authority not bound by decision of Binnie v Pacific Health Ltd - Authority not formal body like Tribunal or Court - 3 step process for Authority determining costs - Consideration of actual legal costs - Consideration whether costs reasonably incurred - Amount of contribution considered to be fair - Respondent entitled to instruct intermediate level solicitor for interim application - Sensible to maintain same representative for substantive matter - Result of Authority investigation not dependant on representation - Skills and experience required by good representative in Authority not at same level as required by Employment Court - Notional reasonable costs amounted to $11,960 - Reasonable contribution appropriate |
| Result | Costs in favour of respondent ($9,000) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Harwood v Next Homes Ltd unreported, Travis J, 23 March 2004, AC 17/04 |
| Number of Pages | 4 |
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