| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222A/05 |
| Determination date | 23 August 2005 |
| Member | Y S Oldfield |
| Representation | M O'Brien ; S McCabe |
| Location | Auckland |
| Parties | Henry v Patrick Distribution Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Preliminary issue decided in applicant's favour - Three day investigation meeting for substantive matter - Respondent sought contribution to unspecified total costs - Alleged applicant's claim lacked merit and conduct of case unnecessarily prolonged investigation meeting - Applicant sought contribution of $6,734 to unspecified total costs - Argued put to unnecessary expense due to preliminary matter and fabrication of evidence in form of wrongly dated letter - Both parties unnecessarily inflated length of overall investigation and associated costs - Costs relating to preparation for investigation meeting and first day and a half of meeting to lie where they fall - Liability of applicant offset by costs in preliminary matter and wrongly dated letter - Respondent entitled to two thirds contribution to notional reasonable costs of $3,000 for remainder of investigation meeting |
| Result | Costs in favour of respondent ($2,000) |
| Cases Cited | Prasad v Michael Williams & Associates Ltd unreported, Travis J, 30 May 2000, AC 12A/00;Rhodes v LSS Holdings Ltd t/a The Fat Ladies Arms Tavern [1999] 1 ERNZ 501 |
| Number of Pages | 2 |
| PDF File Link: | aa 222a_05.pdf [pdf 17 KB] |