| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 147A/04 |
| Determination date | 20 May 2004 |
| Member | L Robinson |
| Representation | D McLeod ; DD Rishworth |
| Location | Auckland |
| Parties | Waikanae Holdings (Gisbourne) Ltd v Smith |
| Summary | COSTS - Unsuccessful claim for damages against respondent - Authority upheld claims for monies owing by respondent but ordered applicant pay respondent final wages and holiday pay - Investigation meeting one day plus addition meeting for one hour - Approach in Graham v Airways Corporation followed - Applicant sought total solicitor/client costs of $13,009 - Contribution appropriate - Second investigation unnecessary - Respondent incurred unnecessary costs - Actual reasonable costs incurred amounted to $9,040 - Two-thirds contribution appropriate |
| Result | Costs in favour of respondent ($6,026.67) |
| Statutes | ERA s157(3);ERA Second Schedule cl15 |
| Cases Cited | Chief Executive, Department of Corrections v Harris unreported, Goddard CJ, 27 July 2001, CC 10A/01;Counties Manukau Health Ltd t/a South Auckland Health v Pack unreported, Goddard CJ, 25 October 2000, AC 72A/00;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 | 6 |
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