| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 217/07 |
| Hearing date | 10 Jul 2007 |
| Determination date | 24 July 2007 |
| Member | M Urlich |
| Representation | N McPhail ; T Wilton |
| Location | Auckland |
| Parties | Gulf Rubber NZ Ltd & Anor v NZ Amalgamated Engineering, Printing & Manufacturing Union |
| Other Parties | Skellerup Rubber Services (A Business Unit of Skellerup Industries Ltd) |
| Summary | COSTS – Applicants sought costs associated with withdrawn application – Original application alleged breaches of good faith – Applicants withdrew application when respondent withdrew bargaining notices and sought contribution to total costs of $6,555 - Submitted put to unnecessary expense by respondent as it had opportunity to resolve matter at very early stage – Alleged prepared for mediation that was subsequently abandoned – Respondent submitted withdrawal of bargaining notices not acceptance of wrongdoing – Argued until Authority inquired into and determined issues in statement of problem no basis for costs award – Parties not directed to mediation by Authority – Situation not akin to “11th hour” withdrawal – No witness statements or supporting documents filed – No evidence any costs unnecessarily incurred for purposes of scheduled investigation meeting – If matter had been determined any award of costs against respondent would have flowed from finding of unlawful conduct – No findings made as to conduct – No basis upon which Authority could award costs – Application dismissed |
| Result | Application dismissed |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15(1) |
| Number of Pages | 4 |
| PDF File Link: | aa 217_07.pdf [pdf 17 KB] |