| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 46A/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 30 April 2007 |
| Member | J Scott |
| Representation | T Skinner ; P Akbar |
| Location | Auckland |
| Parties | Van der Walt v Able Metal Products Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent's total costs were $5,841 - Claimed as small business with fewer resources than many other employers Authority should consider award of full costs - Applicant submitted costs should lie where they fall - Unusual case as applicant unjustifiably dismissed but Authority found parties resolved grievance and applicant returned to work - Comment that applicant's second dismissal also unjustified, but no grievance raised in respect of it, and contribution would have disentitled him to remedies - Relevant principles those set out in PBO Ltd(formerly Rush Security Ltd) v Da Cruz (cited below) rather than those in Binnie v Pacific Health Ltd or Health Waikato Ltd v Elmsly (cited below) - Modest order in respondent's favour appropriate |
| Result | Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 46a_07.pdf [pdf 14 KB] |