Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 40A/07
Determination date 20 June 2007
Member J Crichton
Representation R Davidson ; S Caradus
Location Christchurch
Parties Leggett v McMaster
Summary COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought contribution to costs of $9,767, being two thirds of costs incurred - Alleged manner applicant advanced claim caused unnecessary additional expense - Applicant submitted had well presented, arguable case and costs should lie where they fall - Alternatively contribution of $1,000 appropriate - Applicant to accept consequences of subjecting alleged personal grievance to investigative process of Authority - However, unusual for Authority to order unsuccessful employee to pay two thirds of costs - Unfair for applicant to seek to reduce contribution to costs by casting doubt on necessity of respondent's witness - Respondent entitled to resist claim with whatever witnesses had at disposal - Starting point tariff for two day investigation meeting - Discounted as two full days not necessary - Contribution of $4,000 appropriate
Result Costs in favour of employer ($4,000)
Main Category Costs
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808
Number of Pages 3
PDF File Link: ca 40a_07.pdf [pdf 17 KB]