| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 457/05 |
| Determination date | 30 November 2005 |
| Member | A Dumbleton |
| Representation | T Wotherspoon ; M Matthew |
| Location | Auckland |
| Parties | Whitford v South Auckland Motors Ltd |
| Summary | COSTS - Applicant withdrew personal grievance eight days before investigation meeting - Respondent sought reasonable contribution to actual costs of $2,250 - Respondent asked Authority to have particular regard to lack of merit in applicant's claims - Not a matter that carried weight in determining costs application as it could well have been that claims were compelling - Applicant opposed application for costs because of trauma he and his family had suffered from criminal behaviour of dangerous convicted criminal and prison escapee - However that was not a matter that respondent could bear any responsibility for - Assault committed on applicant occurred over a month before lodged claim in Authority - If assault had occurred close to date of investigation meeting it might have been given more weight - Contribution to respondent's costs appropriate |
| Result | Costs in favour of respondent ($900) |
| Statutes | ERA Second Schedule cl15 |
| Number of Pages | 2 |
| PDF File Link: | aa 457_05.pdf [pdf 11 KB] |