| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 174A/05 |
| Determination date | 05 September 2005 |
| Member | M Urlich |
| Representation | T Wok Kwon ; B Kang |
| Location | Auckland |
| Parties | Lee v Ryu International Ltd |
| Summary | COSTS - Successful application for arrears of wages - Three day investigation meeting - Applicant sought full indemnity costs of $21,326 - Alleged respondent engaged in reprehensible conduct including excessive working hours, illegal arrangements with regard to visa conditions and PAYE payments, and refusal to supply documents for applicant's permanent residence application - Major contributing factor to length of investigation was fact interpreter required - Conduct in relation to permanent residence and PAYE fell outside scope of investigation - Excessive working hours agreed between parties - Reasonable contribution to reasonable costs appropriate - Notional hearing time of eight hours - Entitled to contribution to reasonable notional costs of $9,600 plus expenses of hearing fees and lodgement fee |
| Result | Costs in favour of applicant ($8,000) ; Disbursements ($670)(hearing fees and filing fee) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Counties Manukau Health Ltd t/a South Auckland Health v Pack unreported, Goddard CJ, 25 October 2000, AC 72A/00 |
| Number of Pages | 2 |
| PDF File Link: | aa 174a_05.pdf [pdf 15 KB] |