| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 21B/07 |
| Determination date | 02 November 2007 |
| Member | D Asher |
| Representation | G Davenport ; P Elder |
| Location | Wellington |
| Parties | Kurene and Anor v United Group Rail (NZ) Ltd |
| Other Parties | Rail and Maritime Transport Union Inc |
| Summary | COSTS - Successful personal grievance - Two investigations spread over three days - Applicant sought full costs of $49,667 plus disbursements - Respondent agreed to interim reinstatement and that applicant had personal grievance - Concessions came after applicant had occurred almost all of her costs and could not justify any reward - Realistic settlement proposals advanced by applicants - Costs incurred reflected applicants' belts and braces" approach to investigations - Full costs not warranted but applicants to recover all fair and reasonable costs - Reasonable costs calculated with reference to legal aid rate - Margin added to recognise greater costs resulting from urgent interim application and complexities of substantive investigation - Applicants to determine how costs awarded to be allocated between them" |
| Result | Costs in favour of applicants ($12,000) ; Disbursements ($1,084.74) |
| Main Category | Costs |
| Cases Cited | Ho v The Chief of Defence Force [2005] 1 ERNZ 93;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | wa 21b_07.pdf [pdf 23 KB] |