| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381A/05 |
| Determination date | 22 December 2005 |
| Member | V Campbell |
| Representation | B Saipe (in person) ; P Craighead |
| Location | Auckland |
| Parties | Saipe v Waitakere Enterprise Trust Board |
| Summary | COSTS - Successful unjustified dismissal claim and unsuccessful unjustified disadvantage claim - In substantive determination Authority indicated that as applicant was unrepresented no legal costs would be awarded and encouraged parties to resolve the matter of costs - Applicant advised Authority he was in receipt of legal advice prior to investigation meeting and sought costs - Respondent alleged matter was finally determined in substantive determination - Submission not accepted - Applicant entitled to receive reasonable contribution towards costs and disbursements - Costs associated with mediation not available to be included in calculation for contribution to costs - Whilst parties were in mediation, investigation proceedings in Authority were suspended - Mediations confidential and Authority prohibited from making enquiries into mediation - On that basis not possible for Authority to enquire as to appropriateness or otherwise of costs associated with mediation services - Applicant not reimbursed for own time for attendance at investigation meeting - Not inclined to order any reimbursement for costs incurred in travel but entitled to recover parking costs |
| Result | Costs in favour of applicant ($2,500) ; Disbursements ($1,488.56) |
| Statutes | ERA s148;ERA s159(2) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Health Waikato Ltd v Van Der Sluis [1997] ERNZ 236;NZALPA v Registrar of Unions [1989] 2 NZILR 550;Reid v NZ Fire Service Commission [1995] 2 ERNZ 38 |
| Number of Pages | 3 |
| PDF File Link: | aa 381a_05.pdf [pdf 17 KB] |