Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 235A/07
Determination date 10 December 2007
Member M Urlich
Representation A Lloyd, I Foote, A Halloran ; A Shaw, A Shakespeare
Location Auckland
Parties Green and Ors v Rendezvous Hotels (NZ) Ltd
Other Parties Grant, Wecke, Liu
Summary COSTS - Successful personal grievance - 2ï¾½ day investigation meeting - Four applicants sought costs - First applicant's total costs were $10,026 plus disbursements and sought full indemnity costs - Applicant argued settlement offer rejected by respondent should be considered when awarding costs - Daily tariff approach not appropriate given settlement offer by first applicant - Respondent ordered to pay first applicant $8,270 in costs - Other applicants' costs totalled $70,000 and sought contribution of $15,000 each plus full disbursements of $1,652 - Respondent argued costs excessive as they tried to settle matter - Settlement offer by respondent came after significant costs incurred by applicants' given no weight - Daily tariff approach appropriate for other applicants - Contribution to costs awarded to applicants' of $7,000 each plus disbursements of $500
Result Costs in favour of applicants' ($8,000 - First applicant), ($7,000 - each to remaining three applicants'); Disbursements ($720)
Main Category Costs
Statutes ERA Second Schedule JCL
Cases Cited Green & Ors v Rendezvous Hotels (NZ) Ltd unreported, M Urlich, 6 August 2007, AA 235/07;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Watson v NZ Electrical Traders Ltd unreported, Colgan CJ, 24 November 2006, AC 64/06
Number of Pages 4
PDF File Link: aa 235a_07.pdf [pdf 19 KB]