| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28/06 |
| Determination date | 08 February 2006 |
| Member | R A Monaghan |
| Representation | AM McInally ; P Kiely |
| Location | Auckland |
| Parties | Lindsay v Carter Holt Harvey Ltd t/a CHH Futurebuild |
| Summary | COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought contribution of $20,000 to actual costs of $37,636 plus disbursements and witness expenses - Applicant submitted costs should lie where they fall - Many employment relationship problems coming before Authority did not, and should not have, required parties to incur more than relatively modest costs - Approach of Authority had been to reinforce that by making modest awards when asked to determine costs - In this case great deal of factual material traversed and preparation required favoured increase in what might be considered a daily rate" - Contribution of $8,000 appropriate - Some witness expenses and disbursements also granted" |
| Result | Costs in favour of respondent ($8,000) ; Disbursements ($650.50) ; Witness expenses (airfares, travel costs, accommodation)($2,410.79) |
| Statutes | ERA Second Schedule cl6(1);ERA Second Schedule cl15 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 28_06.pdf [pdf 18 KB] |