| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 163A/06 |
| Determination date | 17 July 2006 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Katipo v New Era Plastics Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Investigation meeting less than one day - Respondent sought order for costs of $6,874 on full indemnity basis - Claimed applicant did not act in good faith in course of investigation and put it to extra cost by seeking reinstatement - Applicant claimed limited means diminished by loss of employment and requested costs lie where they fall - No proper basis for full indemnity costs in this case - Authority did not understand why reinstatement claim should have caused respondent additional cost - Issues straight forward - Applicant's substantive claim meritorious - Redundancy only borderline genuine and for purposes of fixing costs grievance claim regarded as close call - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Katipo v New Era Plastics Ltd, Unreported, A Dumbleton, 10 May 2006, AA 163/06 |
| Number of Pages | 2 |
| PDF File Link: | aa 163a_06.pdf [pdf 11 KB] |