| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 53A/07 |
| Hearing date | 18 Se 2006 - 11 Oct 2006 (2 days) |
| Determination date | 11 April 2007 |
| Member | R Arthur |
| Representation | J Turner ; C Patterson |
| Location | Auckland |
| Parties | McCarthy v Centurion GSM Ltd and Anor |
| Summary | COSTS - Successful personal grievance - 1ï¾½ day investigation meeting - Applicant sought substantial contribution to total costs of $45,968 - First respondent sought order costs lie where they fall, or that costs not exceed usual tariff - Second respondent not employer, sought two thirds of costs - Respondents split costs of $20,527 for substantive matter - Also sought contribution to costs incurred obtaining order to recover document from applicant - No reason to depart from tariff approach - Reasonably complex case - Two factors of sufficient weight to warrant change in start point of $4,500 - Effect of unmeritorious arguments on costs and length of investigation, and issue of possession of document - Defence and counterclaim based on alleged fixed term agreement lacked merit and unnecessarily increased time and expense - At least half a day wasted -Warranted additional $2,000 costs - Discount of $500 for hour spent dealing with compliance order for return of document - Second respondent not entitled to separate consideration on costs - Respondents' principals shared responsibility for poorly documented nature of employment arrangements - Second respondent in nature of parent company to first respondent - Did not incur separate additional costs - However, order for costs against first respondent only |
| Result | Costs in favour of applicant ($6,000) |
| Main Category | Costs |
| Cases Cited | McCarthy v Centurion GSM Ltd & Anor unreported, R Arthur, 31 October 2006, AA 334/06;McCarthy v Centurion GSM Ltd t/a Digital Mobile & Anor unreported, R Arthur, 1 March 2007, AA 53/07;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 53a_07.pdf [pdf 38 KB] |