| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 84A/06 |
| Determination date | 01 May 2006 |
| Member | R A Monaghan |
| Representation | P Skilton ; F Yasmin |
| Location | Auckland |
| Parties | Jack v Faithfull Funeral Services Ltd |
| Summary | COSTS - Unsuccessful personal grievance and penalty claim - Authority had found breach of good faith by respondent - Investigation meeting took about a full day - Respondent sought what appeared to be full costs of $3,690 plus disbursements of $130 - Respondent also sought $2,656 for managing director's executive time, and reimbursement of fee for locum funeral director engaged during investigation - Applicant sought costs on basis of finding regarding good faith and alleged he would not have sought hearing" but for breach - No finding in determination that applicant would have refrained from "filing for a hearing" - Respondent was successful party in majority of matters and was entitled to contribution to costs but not full costs - Matter warranted award within usual range - Small discount applied in respect of applicant's success - Appropriate award of costs $1,000, including office disbursements - In absence of any special reason respondent not entitled to recover full costs associated with managing director instructing advocate, and preparing for and attending investigation - Respondent entitled to witnesses' expenses in respect of managing director and another witness, witnesses' travelling costs, and locum's fee" |
| Result | Costs in favour of respondent ($1,000)(Including office disbursements) ; Expenses ($405 plus travelling costs) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ENZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 84a_06.pdf [pdf 11 KB] |