| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 114/06 |
| Determination date | 06 April 2006 |
| Member | Y S Oldfield |
| Representation | A Sharp ; J Dobson |
| Location | Auckland |
| Parties | Smythe v Westpac Banking Corporation |
| Summary | COSTS – Dispute over one aspect of employment relationship problem determined in favour of applicant – 1 ï¾½ day investigation meeting - Applicant sought contribution of $6,405 to total costs of $9,705.48 plus full reimbursement of expert witness fee of $4,311 – Relevant that Court upheld determination concerning initial dispute – Further proceedings and ultimate outcome in Court not otherwise relevant – Not advisable to engage expert witnesses without consultation with Authority – Witness unable to provide information needed by Authority – No contribution to witness fee required – Applicant’s costs not increased by respondent’s conduct – Matter more complex than other investigations of similar length – Slightly above average contribution to costs appropriate |
| Result | Costs in favour of applicant ($5,000) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz unreported, Colgan CJ, Travis, Shaw JJ, 9 December 2005, AC 2A/05 |
| Number of Pages | 4 |
| PDF File Link: | aa 114_06.pdf [pdf 22 KB] |