Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 331A/06
Hearing date 10 Nov 2006
Determination date 27 November 2006
Member L Robinson
Representation B Knight & P Carrucan (in person)
Location Auckland
Parties Knight & Ors v Transportation Auckland Corporation Ltd & Anor
Other Parties Carrucan & Webb ; Cityline Ltd t/a Satgecoach Auckland
Summary COSTS - Authority declined to investigate statement of problem - Investigation meeting less than one day - Respondent sought indemnity costs of $3,117 on basis applicants' conduct lacked merit and substantive issue before Employment Court when claim brought - Alternatively, sought contribution of $2,750 - Applicants submitted costs should lie where they fall - Applicants' claim had no basis - Baseless claim ought rightly attract indemnity costs - However, equity and good conscience required regard to ability to pay - Modest incomes - Applicants jointly and severally liable for $1,500 contribution to costs
Result Costs in favour of respondent ($1,500)
Statutes ERA s163
Cases Cited New Zealand Tramways & Public Transport Employees Union Incorp & Anor v Transportation Auckland Corporation Ltd & Anor unreported, Travis, Shaw and Perkins JJ 7 Nov 2006, AC 61/06;Stagecoach New Zealand Ltd v The New Zealand Tramways Union (Auckland Branch) and Ors unreported, M Urlich, 31 May 2006, AA 191/06
Number of Pages 3
PDF File Link: aa 331a_06.pdf [pdf 21 KB]