| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171B/05 |
| Determination date | 07 November 2005 |
| Member | D King |
| Representation | H Waalkens QC, P Swarbrick ; A Caisley |
| Location | Auckland |
| Parties | X and Anor v Auckland District Health Board and Anor |
| Other Parties | Auckland District Health Board, X |
| Summary | COSTS - Applicant made successful application for interim reinstatement and successfully defended respondent's application to remove personal grievance to Employment Court - Less than ï¾½ day investigation meeting for interim reinstatement application and one day investigation meeting for removal application - Applicant sought contribution of between $1,500 and $2,000 to costs of $4,000 for removal application - Sought contribution of $8,000 to costs of $9,000, not including fees of senior counsel, for interim reinstatement application - Respondent alleged applicant not entitled to costs for removal application given it was subsequently granted by Court - Alleged costs should be dealt with after personal grievance heard by Court - Authority's involvement at an end and parties should have decision on all costs issues before Authority - Applicant obliged to defend removal application and successful in Authority - Costs of $1,000 in favour of applicant - Appropriate to make award for interim reinstatement application on higher side given urgency and importance of case to applicant |
| Result | Costs in favour of applicant ($1,000)(removal application) ; ($3,840)(interim reinstatement application) |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 January 2004, AA 39/04 |
| Number of Pages | 3 |
| PDF File Link: | aa 171b_05.pdf [pdf 17 KB] |