| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 1/08 |
| Determination date | 09 January 2008 |
| Member | D Asher |
| Representation | no appearance ; A Hall |
| Location | Wellington |
| Parties | Cooper v Jones and Anor t/a Ashhurst Service Centre |
| Other Parties | Jones |
| Summary | COSTS - Withdrawn personal grievance - Respondents sought contribution of $7,000 to total costs of $9,313 - Argued applicant raised employment relationship problem in bad faith and costs increased by applicant's failure to act in good conduct - Had earlier proposed parties settle matter by withdrawal of claim and parties bearing own costs - Evidence provided by police to respondent and Authority established dishonesty by applicant - By pursuing grievance against respondent's applicant effectively continuing dishonest conduct against respondent - Respondents to be fully indemnified for additional costs of $375 resulting form applicant's failure to meet deadlines - Applicant on early notice claim had no prospect of success - Respondents entitled to fair and reasonable contribution to costs |
| Result | Costs in favour of respondents ($7,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl12 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | wa 1_08.pdf [pdf 22 KB] |