| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 184A/03 |
| Hearing date | 16 Jul 2003 |
| Determination date | 01 September 2003 |
| Member | Y S Oldfield |
| Representation | Helen Thorpe ; Hugh Fulton |
| Location | Auckland |
| Parties | Maio v Effective Fencing Management Limited |
| Summary | COSTS - Successful personal grievance - 1ï¾½ day investigation meeting - Applicant sought contribution to costs and disbursements - Remedies reduced by contributory conduct - Challenge to Employment Court - Applicant continued to pursue arrears - Appropriate to determine costs before challenge heard - Applicant undertook most of preparation work for investigation - Claimed preparation and expenses increased because respondent did not pursue counterclaims, and did not adhere to investigation timetable - Respondent also sought contribution to costs - Respondent made Calderbank offer - Offer not true Calderbank offer, as conditional on matters and proceedings unrelated to problem before Authority - No costs awarded to respondent - Respondent did not act in breach of good faith when failed to meet timetable deadlines - Applicant failed to show failures increased is costs - Claim for compensatory allowance" for witnesses dismissed - Applicant unnecessarily complicated investigation process - However, costs claimed reasonable and representative's costs modest - Appropriate to award contribution to costs" |
| Result | Costs in favour of applicant ($2,000) ; Disbursements ($370) |
| Number of Pages | 2 |
| PDF File Link: | aa 184a_03.pdf [pdf 18 KB] |