| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 81A/06 |
| Determination date | 16 August 2006 |
| Member | P Cheyne |
| Representation | WJ Vaile (in person) ; P White |
| Location | Christchurch |
| Parties | Vaile v West Coast District Health Board |
| Summary | COSTS - Unsuccessful personal grievance - 1ï¾½ day investigation meeting Respondent sought contribution to costs of $1,600 plus disbursements - Claim based on meeting time, mediation, allowance, and hourly rate - Authority took reference to day and a half" as meaning factor of 1.5 times hearing time giving total reasonable professional time - Professional time required to participate in investigation different matter from might have been required to defend litigation - Mediation declined by respondent, then directed by Authority - Direction inevitable and mediation would have been proper forum for problem - Time spent engaging Authority after statement of reply filed therefore unnecessary - Mediation not part of investigation process and preparation for it not relevant - No evidence applicant not in position to meet modest costs - Proper course was to make lower than usual contribution award - Authority estimated professional time for investigative process around $1,400 - No evidence applicant unable to meet modest costs award - Applicant ordered to pay contribution of $600 to costs plus $649 disbursements" |
| Result | Costs in favour of respondent ($600) ; Disbursements ($649)(Travel costs) |
| Cases Cited | Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Vaile v West Coast District Health Board unreported, P Cheyne, 16 August 2006, CA 81A/06 |
| Number of Pages | 2 |
| PDF File Link: | ca 81a_06.pdf [pdf 11 KB] |