| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 56A/04 |
| Determination date | 12 March 2004 |
| Member | L Robinson |
| Representation | K Stretton ; P Lewis |
| Location | Auckland |
| Parties | Batchelar v Concrete Structures Ltd |
| Summary | COSTS - Successful personal grievance - ï¾½ day investigation meeting - Contribution of $1,500 sought to total costs of $3,870 - Rules for calculating costs contribution in adversarial litigation inappropriate in Authority - Uninhibited by strict procedural requirements - Discretion for costs very wide - Three step process - Consideration of actual legal costs - Whether expenditure reasonably incurred - Consideration of amount that would represent fair contribution - Applicant incorrectly claimed for full day attendance at investigation meeting - Matter not complex as respondent had conceded dismissal at preliminary telephone conference - Matter confined to remedies - Preparation time claimed halved accordingly - Reasonable contribution appropriate |
| Result | Costs in favour of applicant ($1,000) |
| Statutes | ERA s143(f);ERA s157;ERA Second Schedule cl15 |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 January 2004, AA 39/04;Harwood v Next Homes Ltd [2003] 2 ERNZ 433 |
| Number of Pages | 4 |
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