Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 10/08
Determination date 08 February 2008
Member P Cheyne
Representation S Sansom ; A McKenzie
Location Christchurch
Parties Drummond v National Union of Public Employees Inc
Summary COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Both parties sought contribution to costs - Applicant's challenge to substantive determination yet to be heard - Costs determination to proceed - Applicant had success with lesser part of his claim - Could not be said to be successful party and no costs award in his favour - Applicant legally aided - Respondent's argument applicant's contributory conduct and unreliability as witness should be taken into account in costs not accepted - Respondent wholly successful in defending dismissal claim - However, significantly breached parties employment agreement and applicant's view of situation not untenable even though not upheld - Wrong to see it as successful party and not entitled to costs - Authority not required to deal with respondent's submissions relating to Legal Services Act 2000 - Costs applications by both parties declined
Result Costs to lie where they fall
Main Category Costs
Statutes Legal Services Act 2000 s40
Number of Pages 4
PDF File Link: ca 10_08.pdf [pdf 18 KB]