| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108A/06 |
| Hearing date | 12 Oct 2006 |
| Determination date | 24 November 2006 |
| Member | P Montgomery |
| Representation | J Goldstein ; K Thompson |
| Location | Christchurch |
| Parties | Hubber v Air New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought order for costs of $3,000 - Applicant submitted matter was subject to de novo challenge and Authority should await outcome before awarding costs - Also submitted respondent had provided no details of actual costs and no evidence of applicant's ability to pay, therefore any costs award amounted to a guess as to what was fair and reasonable - Applicant submitted fair and reasonable contribution would be $1,000 - Onus of establishing inability or constrained ability of unsuccessful applicant to pay costs rested not with respondent but on applicant - Authority did not share view that its ignorance of applicant's circumstances placed a fetter on its discretion in a costs setting - Reasonable contribution of $2,000 awarded to respondent |
| Result | Costs in favour of respondent ($2,000) |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Reid v NZ Fire Service Commission [1995] 2 ERNZ 38 |
| Number of Pages | 2 |
| PDF File Link: | ca 108a_06.pdf [pdf 16 KB] |