| Summary |
COSTS - Unsuccessful personal grievance - More than three day investigation meeting - Respondent sought contribution to costs of $23,760 and disbursements of $250, being 66 percent of solicitor-clients costs of $45,765 - Respondent noted union acknowledged would indemnify applicant for any award of costs - Applicant submitted matter not complex and maximum of $6,000 costs appropriate - Length of investigation meeting generally not matter for one party to criticise other about as subject to overall control of Authority - Parties need to consider carefully level of representation - Parties not expected to do work of Authority and cases should not fail because relevant evidence not uncovered or presented, or because parties unaware of procedure - Level of fees charged matter between respondent and its counsel - Applicant should not automatically become fully responsible simply because unsuccessful - Investigation meeting could have been concluded in 2-2ï¾½ days - Authority permitted applicant to bring evidence in attempt to show complainants lied to respondent - If they had lied would not make dismissal unjustified, but Authority would have expected respondent to consider whether, morally if not legally, obliged to reinstate applicant and take disciplinary action against complainants - Applicant failed to show any injustice done - Union should have ascertained exactly what complainants were stating before pursuing line of inquiry before Authority - For at least one day of investigation meeting applicant must bear responsibility of unnecessarily prolonging investigation - Higher level of costs fixed partly for extra day, and also for additional time needlessly taken up after applicant supplied second, much more extensive, statement of evidence part way through investigation - Resulted in need to recall respondent's key witnesses - Investigation meeting treated as lasting three full days - Costs fixed at $1,800 for two days and $,3,600 for third day |