| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 93A/07 |
| Hearing date | 22 Aug 2007 |
| Determination date | 24 August 2007 |
| Member | G J Wood |
| Location | Wellington |
| Parties | Baugen v Gavin & Susan Ure t/a Affordable Plumbing and Gas Ltd |
| Summary | COSTS - Authority had concluded it lacked jurisdiction as applicant not employee - One day investigation meeting - Respondent sought contribution to costs of $10,751.40 of total costs of $16,290 - Also suggested additional costs be awarded for documents and chronology provided, rebuttal evidence to applicant's unnecessarily complicated claims, and supplying of two sets of submissions - Applicant's presumption Authority had no jurisdiction to determine costs because matter challenged to Employment Court incorrect - Applicant represented himself - Not to be penalised for not presenting case in as efficient manner as experienced representative would have - Fact statement in reply required before engaged in mediation irrelevant - Case not test case, in many ways standard employment relationship problem - No account taken of lack of payment for work applicant did for respondent, as payment did not arise form employment relationship - Costs to follow event - Appropriate to award costs of $2,000 plus disbursements awarded |
| Result | Costs in favour of respondent ($2,000) ; Disbursements ($15.39) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health [2002] 1 ERNZ 438 (CA);PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 93a_07.pdf [pdf 24 KB] |