Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 141A/04
Determination date 18 August 2004
Member Y S Oldfield
Representation G Walker ; D Lowe
Location Auckland
Parties Smith v Spotless Services Ltd
Summary PRACTICE AND PROCEDURE - Application for re-opening of costs determination - Unsuccessful personal grievance - Costs of $1,500 awarded in favour of respondent - Applicant's new counsel requested rehearing - Alleged previous representative failed to notify applicant of request for costs, timetable for submissions and outcome as to costs - Present circumstances did not justify re-opening costs issue - Present situation did not amount to reasonable explanation of failure to provide submission - Authority offered applicant full opportunity to make submissions though representative - Any communication problem between applicant and representative matter for them - Unlikely order made would have been varied - Respondent would have been put to further inconvenience and expense - Entitled to certainty - Not persuaded to re-open issue of costs
Result Application dismissed ; No order for costs
Number of Pages 4
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