| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 367/06 |
| Hearing date | 15 Nov 2006 |
| Determination date | 05 December 2006 |
| Member | R A Monaghan |
| Representation | S Hornsby-Geluk ; K Thompson |
| Location | Auckland |
| Parties | Rosenberg v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant sought to reinstate withdrawn proceedings – Respondent alleged claims resolved – Facts did not show agreement that personal grievance claim would go no further – Circumstances usually involved exchange of promises with one party offering to withdraw grievance and proceed no further in return for other party’s agreement not to seek costs – Authority not persuaded there was exchange of promises of this type – With evidence as unclear as it was it would not be fair to deprive applicant of opportunity to have grievance heard – Applicant’s lawyer had no instructions to withdraw grievance on ground that it would not be proceeded with, provided costs were not sought – No accord and satisfaction – Applicant could proceed with grievance – COSTS – Applicant sought full solicitor and client costs – Respondent sought $1,000 contribution to costs – Authority did not accept that respondent attempted to take advantage of applicant’s perceived financial vulnerability – Consideration of solicitor and client costs not warranted – Respondent submitted regardless of outcome applicant had sought indulgence – Applicant created unnecessary costs – Applicant to contribute to respondent’s costs – Less than ï¾½ day investigation meeting – Respondent also sought $750 costs for withdrawn application – Authority considered Ngapuhi Fisheries Ltd v Taurua (cited below) - Court had not ordered costs on discontinued matter be paid before matter proceeded – If payment not necessity in Tribunal it probably could not be said to be necessity in Authority – Evidence indicated relatively little preparation begun - No award for costs |
| Result | Application granted ; Costs in favour of respondent (Application to proceed) ; No order for costs (Withdrawn application) |
| Statutes | ERA Second Schedule cl14 |
| Cases Cited | Fredricsen v Northland Districts Aero Club Inc unreported, Colgan J, 23 April 2001, AC 30/01;Graham v Crestline Pty Ltd [2006] 1 ERNZ 848;Ngapuhi Fisheries Ltd v Taurua [2002] 1 ERNZ 562 |
| Number of Pages | 6 |
| PDF File Link: | aa 367_06.pdf [pdf 36 KB] |