| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 330A/05 |
| Determination date | 15 December 2005 |
| Member | A Dumbleton |
| Representation | K Mair ; E Hartdegen |
| Location | Auckland |
| Parties | Daniels v Maori Television Service |
| Summary | COSTS - Successful personal grievance - Applicant sought contribution to actual costs of about $40,000 and disbursements of $8,470 - Seven day investigation meeting - First particularly important factor was that applicant's actual costs far exceeded substantive remedy recovered of $16,000 - Second particularly important factor was that respondent's admissions and concessions during investigation meeting showed investigation by Authority largely unnecessary and respondent's attitude should have been displayed much earlier on - Would be inequitable and unconscionable for costs award to leave applicant with overall deficit - Disbursements included air fares, car travel and accommodation for advocate - No reason to depart from usual approach of awarding reasonable disbursements in full - Total notional reasonable costs were $26,880 and full award of this amount was justified |
| Result | Costs in favour of applicant ($26,880) ; Disbursements ($8,470) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (Formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 330a_05.pdf [pdf 18 KB] |