Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 175/06
Determination date 17 May 2006
Member L Robinson
Representation L Ponniah ; R Harrison
Location Auckland
Parties Thompson v Gaze Commercial Ltd
Summary COSTS - Successful personal grievance - One day investigation meeting - Applicant sought two thirds of actual costs of $33,004 plus disbursements of $911 and accountant witness' costs of $10,290 - Respondent submitted applicant essentially unsuccessful and costs should lie where they fall - Claim for significant bonus entitlement was premature and claim for exercise of share option and penalties unsuccessful - Authority agreed applicant largely unsuccessful and viewed costs as excessive - Parties cannot expect to recover costs of such magnitude in inquisitorial forum of Authority - Responsibility of representatives to ensure clients appraised of Authority's approach to costs and underlying policy objectives for that approach - Nothing to warrant departure from conventional approach to costs - Awarded $3,000 contribution to costs incurred in successfully pursuing claim for unjustified dismissal - No order for witness costs as that part of claim unsuccessful
Result Costs in favour of applicant ($3,000)
Cases Cited Wilson v Grey Power Publishing Co Ltd unreported, A Dumbleton, 4 March 2003, AA 58/03
Number of Pages 2
PDF File Link: aa 175_06.pdf [pdf 17 KB]