Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 15A/06
Determination date 24 April 2006
Member P R Stapp
Location Wellington
Parties Faletolu v Tofilau Finance Ltd
Summary COSTS - Applicant sought filing fee following consent determination - Authority found applicant should be reimbursed filing fee - Parties did not raise issue of costs at time of consent determination but was entirely reasonable for applicant to raise it now - Although statement of problem did not identify claim for costs parties were not legally represented and could be excused for not having detailed knowledge of what to claim - In any case respondent was put on notice of request - Applicant was put to unnecessary expense to bring proceedings to get her entitlement - Respondent could have done more to save costs such as taking some responsibility to use mediation services - Respondent put an entirely unreasonable condition on payment for which there was no legal basis to support it - Claim for $70 modest
Result Disbursements in favour of applicant ($70)(Filing fee)
Statutes ERA Second Schedule cl15
Number of Pages 2
PDF File Link: wa 15a_06.pdf [pdf 7 KB]