Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 15/06
Determination date 26 January 2006
Member L Robinson
Representation D Marriott ; G Walker
Location Auckland
Parties Hutchinson v Impexpersonnel Ltd
Summary COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought full costs of $5,500 and disbursements of $132 - Respondent entitled to costs on contribution basis rather than full indemnity - Notional sum of reasonable costs $3,000 - Contribution of $2,000 including disbursements appropriate - No express amendment to Employment Relations Act 2000 allowing payment of costs by way of instalment - However Employment Court had held its identical costs discretion permitted payment by periodic instalment - Authority did too and invited parties to reach mutually acceptable payment schedule to discharge costs award, with leave reserved if no agreement reached
Result Costs in favour of respondent ($2,000) ; Orders accordingly
Cases Cited Harwood v Next Homes Ltd [2003] 2 ERNZ 433;Graham v Airways Corporation of New Zealand Ltd, unreported, Colgan CJ, 12 January 2006, AC 1/06;Koia v Attorney-General in respect of the Chief Executive of the Ministry of Justice [2004] 1 ERNZ 116;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808
Number of Pages 2
PDF File Link: aa 15_06.pdf [pdf 25 KB]