| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 77/04 |
| Determination date | 10 June 2004 |
| Member | P R Stapp |
| Representation | G Ogilvie ; J McGuire |
| Location | Wellington |
| Parties | Smeaton v Capital City Joint Sealing Services Ltd |
| Summary | COSTS - Costs for mediation - Application for investigation abandoned - Applicant failed to attend mediation but was represented - Respondent sought costs incurred of $1,134 - Public policy expectation that parties use mediation - Common practice that applicants need to file application to get employer to attend mediation - Inappropriate for Authority to consider what might have happened in mediation - As substantive application abandoned cost of respondent's counsel's time spent raising issue that applicant's matter vexatious could have been avoided - Filing of application could have been avoided had respondent chosen properly to respond to reasonable requests for information and attendance at mediation - No reason to depart from usual principle of not making order for costs in regard to mediation |
| Result | Application dismissed |
| Cases Cited | Okeby v Computer Associates NZ Ltd [1994] 1 ERNZ 613 |
| Number of Pages | 3 |
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