Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 49/02
Hearing date 27 Nov 2001
Determination date 01 March 2002
Member J Wilson
Representation E Morgan-Coakle ; T Smith
Location Auckland
Parties McSweeney v Lynton Investments Ltd t/a Milton Court Rest Home
Summary COSTS - Partially successful arrears claim - Unsuccessful claim for penalty - Contribution of $809 sought to total costs of $2,618 - Contribution also sought by respondent - Sought to join applicant's counsel as party to enable costs to be awarded against him - Counsel's conduct resulted in additional time and expense - No employment relationship between counsel and respondent - No grounds for joinder - Fair and reasonable that applicant make contribution to respondent's costs - Partial success considered
Result Costs in favour of respondent ($900)
Statutes ERA s4(2);ERA s5;ERA s157;ERA s221;ERA Second Schedule cl15(1)
Cases Cited Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613
Number of Pages 4
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